Terms of Use

By using or accessing the Healthsoup.com website or HealthSoup Mobile Application or using the service made available by HealthSoup (the “Service”) you agree to be bound by these terms of use (“Terms of Use”). The Service is owned and provided to you by Slendr, LLC, an Ohio limited liability company (“HealthSoup”). THESE TERMS OF USE CREATE LEGAL RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND HEALTHSOUP. IF YOU DO NOT AGREE TO BE BOUND THESE TERMS OF USE, DO NOT USE OR ACCESS THE SERVICE.

VIOLATING THESE TERMS OF USE MAY, IN HEALTHSOUP’S SOLE AND ABSOLUTE DISCRETION, RESULT IN TERMINATION OF YOUR HEALTHSOUP ACCOUNT.

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.

Disclaimer

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 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.

Basic Terms

Contributor Content

Website content, stories or other materials created, modified, submitted or validated by registered dietitians or nutritionists and general users on HealthSoup (collectively, "Contributor Content") are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this Terms of Use, this term includes Contributor Content.) The authors or third party posting such content ("Posters") are solely responsible for their content. While we hope that you will find the Contributor Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Contributor Content regarding treatment of medical conditions, actions, or application of dietary or nutritional advice. Under no circumstances, as a result of your use of the Contributor Content, the HealthSoup Website or the Services, will the Contributor Content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. This means you should not rely on the Contributor Content or make diet, nutrition or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don't do with the Contributor Content. For diet and nutrition advice, treatment, or diagnosis, see your personal doctor, dietitian or healthcare provider. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any content posted or made available by you through Contributor Content, (2) any violation of law that occurs by you through your use of Contributor Content, the HealthSoup Website, Mobile App or the Services, and/or (3) anything you do using Contributor Content, the HealthSoup Website, Mobile App, the Services and/or the information contained therein.

Property Rights

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:

Posting private and confidential information to the Service is a violation of these Terms of Use. Private and confidential information includes, but is not limited to: credit card information, social security or alternate national identity numbers, private address or location information, non-public phone numbers, and non-public email addresses. Though you may believe certain information is private, not all content of this type is in violation of these Terms of Use. If someone has posted your private information on the Service, HealthSoup suggests communicating directly with that person to ask that they remove it. If they refuse to delete the content using their account log-in credentials, you can report it to HealthSoup using the “contact us” dialogue on the Service. If someone requests that you remove their private information, we ask that you respect their privacy and remove the content before your account is reported to us.

You acknowledge that HealthSoup cannot remove private information that's posted publicly somewhere other than the Service. Additionally, we can only take action on private information if it is associated with the person reporting it, or we must receive documentation that the reporter is authorized to act on behalf of the person whose private information has been posted. If you believe a photo violates your privacy rights, you can report it to us. HealthSoup will remove photos that you report as unauthorized if such removal is required by relevant privacy laws in your jurisdiction or these Terms of Use, as long as the reported content involves you, your child (under 13) or another person for whom you're the legal representative or guardian. Photos involving anyone else will need to be reported by the individual subject of the photo.

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.

Indemnification

You agree to indemnify, defend and hold HealthSoup, together with its directors, managers, officers, employees, agents and permitted assigns harmless from and against any claims, liabilities, losses, expenses (including attorney’s fees and costs), or damages of any other kind or nature, arising out of or connected with, as a result of your use or benefit from the Service: (i) User Content you submit to the Service; (ii) your access to and use of the Service; (iii) your breach or alleged breach of these Terms of Use; (iv) your violation of any third-party intellectual property, privacy or other, rights; (v) your violation of any laws, regulations, rules, or governmental orders; or (vi) any misrepresentation made by you. You will fully cooperate as required by HealthSoup in the defense of any claim.

Choice of Law; Venue

These Terms of Use shall be governed by the laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court located in Franklin County, Ohio for any claim arising out of your use of the Services.

Miscellaneous

Updated: Jan 29, 2017

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