Terms
The mission of the Alliance to Make US Healthiest ("the Alliance") is to provide leadership and facilitate actions by organizations and individuals that encourage or sustain health and well-being. The vision for the Alliance is to make the United States the healthiest nation in a healthier world. Our website, healthiestnation.org, is a hub that connects and engages our nation’s trusted thought leaders, committed organizations, and interested individuals around health education, activation, and leadership.
These Terms of Use apply to the healthiestnation.org website only. They do not apply to any sites or blogs that may be linked to our site but are not owned, controlled or operated by the Alliance to Make US Healthiest.
By using or accessing the Alliance to Make US Healthiest website, you agree to accept these Terms of Use.
All USERS OF THIS WEBSITE MUST COMPLY WITH THESE TERMS OF USE. THEY CONTAIN IMPORTANT INFORMATION ABOUT THE REQUIREMENTS TO USE THIS WEBSITE, AS WELL AS LEGAL REMEDIES AND OBLIGATIONS.
Terms of Use
1) No Scientific or Medical Representations
The healthiestnation.org website is designed to promote the exchange of information relating to health and well-being. As such, the information available on the site is for educational and informational purposes only, and should not be construed as scientific or medical advice. Please be sure to consult with your own healthcare professionals for all medical advice.
2) Eligibility
Membership in the Alliance website is void where prohibited. This website is intended solely for individuals who are eighteen (18) years of age or older. Any registration by, use of or access to the website by anyone under 18, is unauthorized, unlicensed and in violation of these Terms of Use. By using the website, you represent and warrant that you are 18 or older and that you agree to abide by all of the Terms of Use.
3) Member Account Security
You agree to provide accurate, current and complete information about yourself as may be prompted by any registration forms to become a Member or to participate in any survey that requests the collection of any personal information. You also agree to maintain the security of your password and user identification. You understand that you are fully responsible for all use of your Member profile and for any actions that take place using your user ID or password.
4) Proprietary Rights; Limited License
All content on the website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are proprietary and are the sole property of the Alliance.
Members who comply with the Terms of Use are granted a limited license to access and use the website, including its content. This license allows Members to use any portion of the website content to which you have properly gained access, for legiitmate, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Member content, you may not upload or republish any part of the website's contents on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the website content is strictly prohibited.
This limited license is subject to these Terms of Use. Any use of the website or its contents other than as specifically authorized herein, without the prior express written permission of Alliance, is strictly prohibited and will terminate your limited license. Such unauthorized use may also violate applicable laws including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights. This limited license is revocable at any time without notice and with or without cause.
5) Trademarks
All Alliance graphics, logos, designs, page headers, button icons, scripts, domain names and service names are registered trademarks and/or proprietary information of the Alliance and may not be used in any manner that is likely to cause confusion. They may not be copied, imitated, or used, in whole or in part, without the prior express written permission of the Alliance.
6) Member Responsibilities
You understand and agree that you are never permitted to post, transmit or share any information in connection with the Alliance website that will violate or infringe upon the rights of any third party, including their copyright, trademark, privacy, security, or other personal or proprietary rights. Similarly, you understand and agree that you may never post, transmit or share any information in connection with the Alliance website that contains libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Alliance website to: · Collect contact information of other Members for the purposes of sending unsolicited emails or other unsolicited communications; · Use the website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website; · Upload, post, transmit, share, store or otherwise make available any content that is in any way harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or violative of security, hateful, or racially, ethnically or otherwise objectionable; · Engage in any discussions with or solicit any members who are under the age of 18; · Upload, post, transmit, share, store or otherwise make available any videos that you do not have express permission to use (or which otherwise violate the Terms of Use or other conditions of this website); · Register for more than one Member account, register for a Member account on behalf of an individual other than yourself; register for a Member account on behalf of any person under the age of 18; or register for any Member account on behalf of any group or entity that is not identified as the Member; · Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; · Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that is not expressly authorized by the Alliance; · Upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, photographs or any other sensitive, non-public information; · Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; · Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or equipment; · Intimidate or harass another individual; · Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; · Use or attempt to use another's account, service or system without authorization from the Alliance, or create a false identity on the website; · Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Alliance, is objectionable or restricts or inhibits any other person from using or enjoying the website, or which may expose the Alliance or its users to any harm or liability of any type.
7) Member Content Posted on the Site
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, and other content that you upload, publish or display on or through the Alliance website or transmit to or share with other Members or Visitors. You may not post, transmit, or share content that you did not create or that you do not have permission to post. You understand and agree that the Alliance website operators may, but are not obligated to, review the website and delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including content that Alliance, in its sole judgment, believes violates its Terms of Use, or which we believe might otherwise be offensive, illegal, harmful or threatening in any way to others.
When you post content to the Alliance website, you authorize and direct Alliance to make such copies thereof as the Alliance deems appropriate to facilitate the posting and storage of the content on the website. By posting content to any part of the website, you also grant, and you represent and warrant that you have the right to grant, the Alliance website owners an irrevocable, perpetual, non-exclusive, transferable, fully paid, license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose.
8) Copyright Complaints
The Alliance respects the intellectual property rights of others. Individuals who use the Alliance website are prohibited from uploading, posting or otherwise transmitting on the Alliance website any materials that violate another party's intellectual property rights. If Alliance receives proper Notification of Alleged Copyright Infringement, Alliance will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described in these Terms of Use, in accordance with the Digital Millenium Copyright Act (DCMA). If you believe that any material on the website infringes any copyright which you own or control, please use our Contact Us link to let us know immediately.
9) Repeat Infringers
In accordance with the Digital Millennium Copyright Act and other applicable laws, the Alliance will terminate Members who are deemed to be repeat infringers. The Alliance may also, in its sole discretion, limit access to the website and/or terminate the memberships of any individuals who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10) Third Party Websites and Content
The website contains links to other 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. Those sources are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Alliance. The Alliance is not responsible for any third party websites available via links to the Alliance website, including the content, accuracy, offensiveness, opinions, reliability, privacy or security practices or other policies contained in those websites. The Alliance does not imply approval or endorsement of any nature by virtue of the links. If you decide to leave the Alliance website and access any other website, you should be aware that Alliance's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and secruity practices, of any website to which you navigate from the Alliance website.
11) Inappropriate Content
The Alliance To Make Us Healthiest website does not pre-screen or pre-approve web content posted by Members. As such, we cannot guarantee that a Member's profile or other information posted to the website was actually created by the individual or entity identified. The Alliance also cannot guarantee that posted content is free from unlawful, improper or otherwise offensive or inappropriate content. The Alliance is not responsible for the content provided by any Member. As with any use of the Internet, we urge you to be careful before providing any personal information to or entering into any transaction in connection with an Alliance Member. We also strongly recommend that if you identify any web content as containing unlawful, improper or otherwise offensive or inappropriate content, you bring it to our attention via the Contact Us link on our website. The Alliance will use reasonable efforts to review the identified content promptly and will remove content that is not acceptable for our website. We may also, as appropriate, and as otherwise specified in our Terms of Use and Privacy Policy, take action against the Member who posted the inappropriate content.
12) Member Disputes
You are solely responsible for your interactions with other Alliance Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
13) Privacy
Please be sure to review our Website Privacy Policy.
14) Disclaimers
The Alliance is not responsible or liable in any manner for any Member content or use of the website, including any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that Members may post on the website, and including any inappropriate or offensive conduct, whether online or offline, of any Member or Visitor of the website.
The website may be temporarily unavailable from time to time for maintenance or other reasons. The Alliance assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. The Alliance is not responsible for any technical malfunction or other problems of any network or service, computer systems, servers or providers, computer equipment, software, failure of email or technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to a Member or other individual's computer, or other hardware or software, related to or resulting from using or downloading materials in connection with the website. Under no circumstances will the Alliance be responsible for any loss or damage, including any loss or damage to any Member content or personal injury or death, resulting from anyone's use of the website or content posted on or through the website or transmitted from the website. The Alliance is also not responsible for any issues or damages that may arise between individuals who choose to exchange personal or other information by virtue of their use of the website.
THE WEBSITE AND ALL OF ITS RELATED SERVICES ARE PROVIDED "AS IS". THE ALLIANCE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE ALLIANCE DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE OR THAT THE WEBSITE IS VIRUS FREE. YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Alliance reserves the right to change any and all content, software and other items used or contained in the website, as well as any services offered through the website at any time without notice.
15) Limitation on Liability
IN NO EVENT WILL THE ALLIANCE OR ITS OWNERS, OPERATORS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY APPLICATIONS OR ANY OF THE WEBSITE'S CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE ALLIANCE'S LIABILITY SHALL NEVER EXCEED $500. YOU ACKNOWLEDGE THAT UNLESS OTHERWISE PERMITTED BY LAW, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE ALLIANCE, REGARDLESS OF THE CAUSE OF ACTION.
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, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS..
16) Termination
The Alliance may terminate your membership, delete your profile and any content or information that you have posted on the website or prohibit you from using or accessing the website for any reason, at any time in its sole discretion, with or without notice, including if the we believe that you are under age 18.
17) Governing Law; Venue and Jurisdiction
By visiting or using the Alliance website, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Alliance, which is not resolved via arbitration.
18) Arbitration
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE SHALL BE FINAL AND BINDING ARBITRATION, except that: to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Alliance will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
In no event shall any claim, action or proceeding by you related in any way to the website be instituted more than three (3) years after the cause of action arose.
19) Indemnity
You agree to indemnify and hold the Alliance website owners, service providers, and each of the Alliance's directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claims, demands, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Member content or other use of the website or for any violation of the Terms of Use or of any law or the rights of any third party.
20) Suggestions, Ideas and Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website provided by you to the website are non-confidential and shall become the sole property of the Alliance. The Alliance shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
21) Other
These Terms of Use constitute the entire agreement between you and the Alliance regarding the use of the website, and supersede any prior agreements. The failure of Alliance to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of the Terms of Use is held invalid, the remainder of the Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
