Terms of Service
BerkeleyWellness.com is part of the Remedy Health Media family The following Terms of Service apply to all the health sites that Remedy Health Media publishes.
“We”, “us” and “our” mean Remedy Health Media, LLC and we may refer to you or any individual that uses our Sites as “you” or “your” or a “user.” If we use the term “RHM Entities,” in addition to us, that term means and includes our sponsors, affiliates, suppliers, promotional partners, operational service providers, agents and representatives.
When you see the word “use" or "using" we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print, copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter on or through any of our Sites. We will also consider you to be using our Sites if you utilize, benefit, take advantage of or interact with any Content in, on or available through any of our Sites, for any purpose, or if you try to do any of these things.
5. OWNERSHIP OF CONTENT AND LICENSE TO YOUR CONTENT. Each of our Sites and, except as described below, all Content, is either the property of RHM or the property of our licensors, third party authors, developers, operational service providers, advertisers, vendors, or users (collectively, Third Party Providers) and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when we use “Content” it includes, but isn’t limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-‐visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyrightable or otherwise legally protectable elements of any and all of our Sites. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
7. USAGE RULES. We reserve the right to deny you access to any and all parts of our Sites for any reason, and at our sole discretion. We do not assume any responsibility to monitor the Postings on our Sites for accuracy or unacceptable use, nor will any Posting be authenticated or endorsed by us. We encourage you to report offensive or illegal content by contacting us at email@example.com and we reserve the right to block transmission of, and or remove any Posting that you make for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree any Postings that you make to our Sites are not confidential and that the following rules shall apply to your use of our Sites.
You may never use, allow or enable others to use our Sites or knowingly condone use of our Sites to do or attempt to:
- violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
- engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
- impersonate any other person, firm or enterprise or any of our or their employees and agents;
- use our Sites for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Sites;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Sites or the rights or use and enjoyment of our Sites by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
- engage in any activity or fail to report any activity involving SPAM, junk e-‐mail, chain letters, duplicative or unsolicited messages, or so-‐called "spamming" and “phishing” or other similar schemes;
- use our Site or any Content for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or any other form of compensation or consideration or through linking with any other website or web pages; or
- use any robot, spider or other automated means to access our Sites or the services for any reason without our prior written consent.
8. REVIEW OF POSTINGS. We assume no responsibility for monitoring Postings. We do not and cannot review all Postings made to the Site and are not responsible for such Postings, regardless of whether at any time we choose in our sole discretion, to monitor or remove Postings on our Sites.
10. PROCEDURES FOR CLAIMED COPYRIGHT INFRINGEMENT. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf.
Our agent may be contacted as follows: Remedy Health Media, LLC 500 5th Avenue, 19th Floor New York, NY 10110 Attn: Office of Compliance e-‐mail: firstname.lastname@example.org Tel: (212) 695-‐2223
14. GEOGRAPHIC DISCLAIMER. Our Sites are intended for users who are U.S. residents. Access to our Sites and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use our Sites and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.
17. ASSIGNMENT. We may assign our rights and duties under this agreement to any party at any time without notice to you. You may not assign this agreement to anyone else.
18. NOTICE. We may deliver notice to you under this agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your account information, if any.
You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Remedy Health Media, LLC 500 5th Avenue, 19th Floor New York, NY 10110 Attn: General Counsel
© 2011 Remedy Health Media, LLC. All rights reserved.