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Health Tactics’ Terms of Service

Welcome to the Health Tactics website!

These Terms of Service are effective April 1, 2014.

Thank you for using our products and services (“The Service” or “The Services”). The Service is provided by Health Tactics, located at 35-31 Talcottville Rd. Suite #113, Vernon, Connecticut 06066.

By using our Service, you are agreeing to these terms. Please read them carefully. Our Services are very broad, so additional terms or product requirements, such as minimum age requirements may apply. Additional terms may be applicable with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

1. What is covered by this agreement

This is a service agreement between you and Health Tactics for use by residents of the United States. This Service Agreement is not intended to and does not create any contractual or legal right in or on behalf of any party. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

2. This site does not provide medical advice

The contents of the Health Tactics Site, such as text, graphics, images, and other material contained on the Health Tactics Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. This site and its health related information and resources are not intended, and must not be taken, to be the rendering of medical, nursing or other professional health care advice or services, or the practice of medicine, nursing or professional health care in any jurisdiction.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Health Tactics Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. Health Tactics does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Health Tactics, Health Tactics employees, others appearing on the Site at the invitation of Health Tactics, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical-related materials that by their nature are sexually explicit. If you find these materials offensive, you may not want to use our Site. The Site and the Content are provided on an "as is" basis.

Health Tactics or its licensors have no liability or responsibility to users of the Health Tactics Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Health Care is a complex and changing field. Health Tactics makes no representation as to the accuracy or timeliness of any health related information on our site.

3. Responsibility For and Use Of Your Health Tactics Account

You may need a Health Tactics Account in order to use some of our Services, such as the discussion forum. To protect your Health Tactics Account, keep your password confidential. You are responsible for the activity that happens on or through your Health Tactics Account.

Please use our services appropriately. For example, don’t try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

In using our Service, you will not disassemble, decompile, reverse engineer, reproduce, transcribe, resell or redistribute any software included in the Service, except that you may reproduce limited excerpts of the data for personal use only.

You may not authorize any third party to access and/or use your Service Account on your behalf. There are two exceptions to this rule: 1) a family member, guardian or caregiver may, with your permission, access your account for the purposes of providing or facilitating care; and 2) a licensed medical provider, such as your physician, may access your account with your permission. In using Health Tactics, you may not impersonate another person.

Health Tactics gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Health Tactics as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Health Tactics, in the manner permitted by these terms.

You grant Health Tactics and all other persons or entities in the operation of the site the right to transmit, retrieve and store your information in connection with the operation of the site. Health Tactics 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 Health Tactics’ tools and services.

Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access. You may share or forward items, but you may not use content from our Service as your own unless you obtain permission from its owner or are otherwise permitted by law. For example, a Blog post by a health care professional remains the intellectual property of that professional.

These terms do not grant you the right to use any branding or logos used in our Services. Please don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display some content that is not Health Tactics’. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law, but content is not reviewed for accuracy.

It is strictly prohibited to upload information or media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions.

Health Tactics reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Health Tactics reserves the right (but is not obligated) to do any or all of the following:

Some software used in our Services may be offered under an open source license, e.g. our Blog is written on the WordPress platform. There may be provisions in the open source license that expressly override some of these terms.

Commercial service accounts are prohibited on the Health Tactics site.

3.1 Business use of our Service

If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Health Tactics and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

4. Privacy and Copyright Protection

Health Tactics’ privacy policies explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that Health Tactics can use such data in accordance with our privacy policies.

Comments about the information you provide may be made by others, through the Blog, for example. Health Tactics does not track, analyze, correlate or sell any information that you provide.

We do not ask you to complete a profile, and we do not request your address, telephone number or credit card information. You may use our site anonymously if you choose.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that you learned of on our site, or other sites linked from our services.

Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent.

4.1 Information you provide to us

We consider your use of the Service to be private. When you visit and navigate the Health Tactics site, we will not collect personal information about you unless you provide us that information voluntarily. However, we may access or disclose information about you, your account or the content of your communications in order to: (1) comply with the law or legal process served on us; (2) investigate and enforce potential violations of this service agreement, including the use of this service to participate in, or facilitate, activities which violate the law; or (3) protect the rights, property or safety of Health Tactics, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

4.2 We do not share information

From time to time we will provide links to other web sites not owned or controlled by Health Tactics. Use of any link to any other site will always be determined by you. Health Tactics or its web hosting partner will never forward, sell, license or otherwise share or disclose your information to any other site or party unless expressly authorized by you, except as described earlier in this privacy section (e.g. in response to a subpoena). While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other sites.

We may use technology or other means to protect the Service, protect our customers or to stop you from breaching this service agreement. These means may include, for example, filtering to stop spam or increase security.

You should be aware that when you visit our website, we collect certain information that does not identify you personally, but provides us with usage data, such as the number of visitors we receive or what pages are visited most often. This data helps us to analyze and improve the usefulness of the information we provide on our site.

If Health Tactics is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

4.2.1 Information You Share

Some of our services let you share information with others, such as through social networking platforms or via email forwarding. Remember that when you share information publicly, it may be indexable by search engines.

4.3 Children’s Privacy

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 18. We do not collect personally identifiable information from any person that we know to be under the age of 18. Information of or about a child under 18 should be entered by a parent or legal guardian of that child, and should be contained in the service account of that parent or legal guardian. Parents or legal guardians are solely responsible for providing supervision of minor’s use of the Health Tactics web site.

4.4 Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give Health Tactics (and those we work with) a worldwide license to use, host, store, reproduce, modify, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, a Blog post you have made on the Health Tactics Blog remains your intellectual property, but remains visible to users of the Blog even after you have stopped using our services).

You agree to only post or upload information or media (including medical or health related images and video files) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. By uploading any information or media on the Health Tactics site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.

If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. If you think somebody is violating your copyrights and want to notify us, you can contact us at contact@healthtactics.com.

4.5 Submission of business information

If you submit any business information, idea, concept or invention to Health Tactics by email, U.S. mail, upload or by any other means, you agree such submission is non-confidential for all purposes. An example of such an idea might be a new or innovative treatment, diet or other regimen. If you submit any business information, idea, concept or invention to Health Tactics, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Health Tactics a royalty-free, perpetual, irrevocable, license to use, reproduce, create derivative works from, publish, translate, distribute, and display the communication or content in any media or medium, or any form or format now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not upload or submit this information.

4.6 Copyright and Trademark Notices

Notices and Procedure for Making Claims of Copyright Infringement:

All contents of the Service are Copyright © 2014, Health Tactics and/or its suppliers. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. The names of actual companies, authors and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Trademark Notice:

Health Tactics is the registered trademark of Health Tactics . Other names of products and/or services referenced herein or displayed on the Web Site are trademarks, or registered trademarks, logos, company names, or service marks of their respective owners.

Notice and takedown procedures; and copyright agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Health Tactics' copyright agent, identified below: Health Tactics Attn: Office of Privacy contact@healthtactics.com

In an effort to protect the rights of copyright owners, Health Tactics maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

5. Advertisements and Links to other sites

Health Tactics may provide links to third-party websites. Health Tactics does not recommend and does not endorse the content on any third-party websites. Health Tactics is not responsible for the content of linked third-party sites, sites framed within the Health Tactics site and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for each respective site. Health Tactics does not endorse any product, service or treatment that may be mentioned on the Health Tactics site.

Health Tactics specifically disclaims any guarantee or warranty, express or implied, with respect to any third-party products, services or information mentioned on this site.

6. Modifying and Terminating our Services

We may change this Service Agreement in our discretion by posting new applicable terms and conditions. If you do not agree to the changes then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Service Agreement.

We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away.You can stop using our Service at any time. Health Tactics may also stop providing Services to you, or add or create new limits to our Service at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

For information about how to contact Health Tactics, please visit our contact page.

7. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither health tactics nor its suppliers or distributors make any specific promises about the services. For example, we don’t make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

8. Liability for our Services

When permitted by law, health tactics, and health tactics’ suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of health tactics, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if we choose, to supplying you the services again). In all cases, health tactics, and its suppliers and distributors, will not be liable for any loss or damage.

This limitation applies to anything related to:

It also applies even if:

8.1 As-Is Performance

The use of the Health Tactics Site and the Content is at your own risk. We provide the Service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the Service or the reliability of any communications posted by other users. Health Tactics gives no express warranties, guarantees or conditions. Health Tactics its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Health Tactics Site.

You may have additional consumer rights under your local laws that this Service Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

8.2 Third Party Carriers

When using the Health Tactics Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Health Tactics and its suppliers. You acknowledge that in connection with the Health Tactics Web Site, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers, and others, all of which are beyond the control and jurisdiction of Health Tactics and its suppliers.

Accordingly, in no event shall Health Tactics, its licensors, its suppliers, or any third parties mentioned on the Health Tactics Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from delay, failure, lost data or business interruption or corruption of any data or other information) resulting from the use of or inability to use the Health Tactics Site or the Content, or any public areas of the Site, such as blogs or forums.

9. General

Health Tactics is based in Connecticut, in the United States of America. Health Tactics makes no claims that the Content is appropriate or may be downloaded outside of the United States. If you access the Health Tactics site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

10. Survival and Severability

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If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, such as taking action in the future.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability for our Services; Privacy and Copyright Protection; Indemnity and Hold Harmless; and Complete Agreement.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

11. Indemnity and Hold Harmless

You agree to defend, indemnify, and hold Health Tactics, 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 and Conditions.

12. Complete Agreement

These Terms and Conditions constitute the entire agreement between you and Health Tactics with respect to the use of the Health Tactics Site, and Content.

It supersedes any prior Service Agreement or statements regarding your use of the Service. The section titles in the Service Agreement do not limit the other terms of this Service Agreement.

These Terms and Conditions are governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You expressly agree that exclusive jurisdiction for any dispute with Health Tactics, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers, or in any way relating to your use of the Health Tactics Site, resides in the courts of Hartford County, State of Connecticut.

13. Assignment; No Third Party Beneficiaries

We may assign this Service Agreement, in whole or in part, at any time with or without notice to you. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service. This Service Agreement is solely for your and our benefit. It is not for the benefit of any other person or entity.

14. Notifications

This Service Agreement is in electronic form. There may be information regarding the Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you:

by e-mail at the e-mail address you specified when you signed up for your Service;

by access to a Health Tactics web site that will be designated in an e-mail notice sent to you at the time the information is available or that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail.

15. Claim Must Be Filed Within One Year. Your Notices to Us.

Any claim related to this Service Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. You may notify us as stated in the “Privacy and Copyright Protection” area of this Service Agreement.

Thank you for your cooperation. We hope you find the Health Tactics Site helpful and convenient to use. Questions or comments regarding this website should be submitted by email using the Contact Us link.

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