The Service permits and encourages general nutritionists and registered dietitians to post tips, articles and recipes consisting of photos, data files, text and text files, information, user names, images, graphics, profiles, works of authorship, compilations, and links to other content or materials (collectively “User Content”). Users can also comment upon stories posted by you (and others) and follow your user profile. If you do not desire your User Content to become a part of such a dynamic, multi-user compilation environment, you should not post or attempt to post your User Content to the Service (either by creating a story or by posting your User Content to an existing story).
You understand and agree that HealthSoup cannot and will not be responsible for User Content posted to the Service. You use the Service at your own risk.
The advice found on HealthSoup should not replace consultation with a health care professional. Content on the HealthSoup website and the Services are for informational purposes only. Nothing contained on the HealthSoup website or the Service is or should be considered, or used as a substitute for medical nutrition therapy, or medical advice, diagnosis or treatment. The Services are intended to educate users on nutrition and health-related topics that may affect their daily lives. Neither the HealthSoup website, Mobile App, Applications featuring HealthSoup content, nor the Services constitute the practice of any health care advice, diagnosis or treatment. ALL INFORMATION PROVIDED ON HEALTHSOUP OR IN CONNECTION WITH THE SERVICES IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. HEALTHSOUP IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY HEALTHSOUP USERS IN CONNECTION WITH THE SERVICES IS SOLELY AT YOUR OWN RISK.
No medical diagnosis, treatment or prescriptions are permitted to be posted on the HealthSoup website. The Services may result in connecting users to a licensed or registered dietician or nutritionist for purposes of seeking more specific advice from such healthcare professionals. Information or advice provided by one or more nutritionists or dieticians during or as a result of one-on-one consultations facilitated, directly or indirectly, by HealthSoup, is provided solely by such healthcare professionals and is not provided by HealthSoup.
Seek the advice of a qualified health care provider for any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on HealthSoup. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, you should call 911 and/or undertake such other activities or communications which you believe to be applicable to the condition you are experiencing.. You should never rely on HealthSoup or the Services in a potential or actual medical emergency.
By accessing and using the Services via the HealthSoup Mobile Application with your mobile phone, tablet computer or other mobile device (collectively “Mobile Device”), you acknowledge and agree that you may receive certain communications from HealthSoup (such as text messages and pictures, e-mails, or other electronic communications means, collectively “Mobile Communications”). By accessing and using the Services via your Mobile Device, you may incur fees from your mobile data provider or carrier, and you are solely responsible for the payment of such fees. If you choose to disclose information regarding your actual location (including location-related information provided by your mobile data provider or carrier, provider, or other third party applications), you acknowledge and agree that (1) such information may be made available to other viewers of such information and (2) HealthSoup is not responsible for the correctness of such information and any use of such information by third parties, including other users.
In accordance with the DMCA, your report should (a) identify the copyrighted work that you claim has been infringed.; (b) identify: (i) the material that you claim is infringing and that is to be removed (or access to which is to be disabled) and information reasonably sufficient to allow HealthSoup to locate the material, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link; (c) provide your mailing address, telephone number, and, if available, email address; (d) provide your full legal name and electronic signature; and (e) include or acknowledge both of the following statements in the body of the notice:
Disclaimer of Warranties
The Service, together with all included content, are provided on an “as is”, “as available” and “with all faults” basis without any representation, warranty or endorsement of any kind, whether express or implied. HEALTHSOUP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES AND INTEGRATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SERVICE, HEALTHSOUP CONTENT, THIRD PARTY CONTENT, USER CONTENT OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HEALTHSOUP OR TO THE SERVICE.
HEALTHSOUP TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHSOUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY HEALTHSOUP CONDUCT, USER CONTENT OR THIRD PARTY CONTENT ON OR COMPRISING THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT. IN NO EVENT SHALL HEALTHSOUP’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HEALTHSOUP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRRAPARABLE OR OF A TYPE OR CHARACTER THAT WOULD ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY INTERNET WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY HEALTHSOUP AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, EXHIBITION, MARKETING, OR EXPLOITATION OF ANY SUCH INTERNET WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT.
HEALTHSOUP IS NOT RESPONSIBLE FOR THE CONTENT, ACTIONS, INACTIONS, INFORMATION OR DATA OF THIRD PARTIES AND YOU RELEASE HEALTHSOUP, TOGETHER WITH ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND PERMITTED ASSIGNS FROM ANY CLAIMS OR DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Choice of Law; Venue
Updated: April, 2018