General Terms & Conditions Disclaimer of Use
These Terms and Conditions (“Terms”) govern your use of websites owned and operated by South Florida PBS, Inc. and its affiliates, including, but not limited to Health Channel Holdings, Inc., The Health Channel, and AllHealthTV.com (collectively, the “Company”) and include all information, tools and services available from this site to you, as well as the mobile optimized versions of these sites and our Mobile Device Applications or “Apps” (we refer to these sites and Apps collectively as the “Health Channel Sites”) and the services available from time-to-time to users through the Health Channel Sites (“Services”), including without limitation services under the GOCARE and/or ASK HANNA brands. You agree to the Terms by accessing the Health Channel Sites or accepting the information from the Health Channel Sites or using the Services. The Company reserves the right in its sole discretion to change the Terms, and your continued use of this Health Channel Sites or the Services after the posting of any notice of a change in the Terms shall constitute your acceptance to be bound by any such changes. Since you are bound by any such revisions posted on the Health Channel Sites at the time of any visit or use of the Services, you should therefore periodically visit this page to review the current Terms to which you are bound. These Terms apply to all users of the Health Channel Sites, including without limitation, users who are browsers, vendors, customers, and/or contributors of content.
No Other Contract:
Except for these Terms and Conditions, no statement on the Health Channel Sites constitutes a contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement on the Health Channel Sites is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract, or any advertising relationship, of the Company.
The information and features included in this Health Channel Sites, including, but not limited to text, graphics, video, chats or similar interactive features (live, real-time or otherwise), information, images, trademarks, service marks and copyrightable works and the Services (the “Content”) have been compiled from a variety of sources, are for informational purposes only, are not intended to be nor do they constitute legal or medical advice, and are subject to change at any time without notice. However, this Health Channel Sites and all Content it contains are provided “AS IS.” By using or linking to this Health Channel Sites, you assume the risk that the Content on the Health Channel Sites may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. The Health Channel Sites contain content provided by third-parties. The Company does not warrant or guarantee the accuracy, availability or completeness of this information. Neither the Company nor its content or data providers shall be liable for any errors, omissions or inaccuracies in this content.
No Medical Advice; No Representations or Warranties:
The Content AND SERVICES provided by Company is for informational and educational purposes only. Company is not a medical provider and does not offer medical advice or provide any physicians or other providers itself. Any advice received from a medical provider comes from the third-party provider alone and not the Company. All of the providers are independent of Company and use the Service as a way to communicate with you. Your use of the Health Channel Sites and Content, including any Service, does not establish a doctor/physician-patient relationship, and the Health Channel Sites, Content or any Services (including those provided by third-parties) are not a substitute for seeking or obtaining medical advice, diagnosis or treatment from a physician, hospital or other medical expert. The Health Channel Sites and the Content provided by Company is not intended to treat, diagnose, cure or prevent any disease, illness or medical condition. All information contained on this site is intended for educational and informational purposes only. This information is not to be taken as medical or other health advice pertaining to a specific health or medical condition. You should always seek the advice of a qualified medical professional before implementing anything discussed on the Health Channel Sites and through the Content. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith. The Company does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.
In the case of a medical emergency or suicidal thoughts, immediately call 911.
The Content is intended to be general in nature, and your specific circumstances may render the Content inapplicable to you. There may be medical or other health or planning considerations applicable to your situation that are not taken into account by Company in the Content. Prior results described in any Content do not guarantee or predict a similar outcome with respect to your particular situation. The Company does not recommend or endorse any specific tests, physicians, hospitals, medications, procedures, opinions or other information that may be mentioned on the Health Channel Sites or any Services. Company makes no promises, guarantees, representations or warranties, express or implied, about the Content, including but not limited to any promise, guaranty, representation or warranty about the accuracy and completeness of the Content or regarding any outcome or result following your use of the Content. Company is not liable or responsible for any errors or omissions in the Content or related to any transaction. Neither Company nor its employees, agents, shareholders, officers, directors, consultants, partners or donors are liable or responsible for your use of or reliance on the Content or for any claims, losses or damages (including but not limited to tort claims, breach of contract claims and negligence claims) that arise or result from the Content or from your use or non-use of the Content.
The Company may make suggestions to you regarding the Services or other services offered by third parties, and may provide links to third party services or sites. The Company does not endorse or approve of any such third parties and is not responsible for any services or information provided to you by such third parties. Additionally, the Health Channel Sites contain content provided by third parties. The Company does not warrant or guarantee the accuracy, availability or completeness of this information. Neither the Company nor its content or data providers shall be liable for any errors, omissions or inaccuracies in this content.
Copyright and Trademark Information/Restrictions on Use of Health Channel Sites:
The Health Channel Sites and all of the Content it contains, or may in the future contain is the property of the Company, its affiliate companies and licensors and is protected from unauthorized copying and dissemination by U.S. copyright law, international conventions and other copyright laws.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Health Channel Sites are registered and unregistered Trademarks of the Company its affiliates, its licensors and others. Nothing contained on the Health Channel Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Content displayed on the Health Channel Sites without the written permission of the Company or such third-party that may own the relevant Trademarks or Content. Your misuse of the Trademarks or Content on the Health Channel Sites except as provided in these Terms, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including referral for criminal prosecution where appropriate.
DMCA Policy—Notice and Takedown Procedure:
If you believe in good faith that your work has been copied on the Health Channel Sites in a way that constitutes copyright infringement, please provide our Copyright Agent with the following required information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed copyright; (b) a description of the copyrighted work(s) that you claim has/have been infringed; (c) a description of where the material that you claim is infringing is located on the Sites; (d) your address, telephone number, and e-mail address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Company’s Copyright Agent for notice of claims of copyright infringement is the Health Channel Designated Agent who can be reached as follows: by email: firstname.lastname@example.org; by mail: Nason Yeager Gerson Harris & Fumero PA, Attn: Philip M. DiComo, Esq., 3001 PGA Blvd., Suite 305, Palm Beach Gardens, FL 33410; by phone: (561) 686-3307.
You agree not to post any threatening or defamatory content on the Health Channel Sites that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity. Company will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of user of the Health Channel Sites and you consent to such disclosure. You agree not to damage, disable, attack, deface, or attempt unauthorized access to this Health Channel Sites or server, or a third-party Health Channel Sites or server. You agree not to transmit or post Submissions to the Health Channel Sites or other users in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or competing services or otherwise, without User Sublicenses the prior written consent of Company. You agree not to upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting any communications or content to the Health Channel Sites you agree that such submission is non-confidential for all purposes. If you wish to keep any information, ideas, concepts or other communications private or proprietary, do not submit them to the Company or the Health Channel Sites in any manner or form.
You agree to only post or upload media (like photos, videos or audio) on or to the Health Channel Sites 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. To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or Health Channel Sites URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited. By uploading any media on the Health Channel Sites, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.
By uploading any media on the Health Channel Sites like a photo or video, (a) you grant to the Company a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Company to use, copy, print, display, reproduce, modify, publish, post, transmit, and distribute the media and any material included in such media; and (c) you agree to indemnify Company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in the document. The Company reserves the right to review all media prior to submission to the Health Channel Sites and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
You agree that you will not upload 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 this Health Channel Sites.
Fee Based Services:
Certain portions, components, Content (defined below) and features of the Health Channel Sites are only available to users who purchase a subscription (“Fee-Based Services”). As a subscriber to the Fee-Based Services, you agree to the following:
1. You agree to pay, using a valid credit card (or other form of payment which the Company may accept from time to time), in advance, the annual charges and fees set forth on the Health Channel Sites, applicable taxes, and other charges and fees incurred in order to access Fee-Based Services (the “Fees”). The Fees are expressed in United States dollars and your credit card or other account will be charged in United States dollars. The Company reserves the right to increase the Fees at any time, upon reasonable advance notice communicated to you through a posting on this Health Channel Sites or such other means as the Company may deem appropriate from time to time (including electronic or conventional mail).
2. The Company will automatically charge your credit card or other account at the start of the standard billing period and at the start of each renewal period, unless you terminate or cancel your subscription no less than ten (10) business days prior to the start of the relevant renewal period. Each time you use the Fee-Based Services you reaffirm your agreement that the Company may charge your credit card or other account.
3. In addition to the Fees, you are responsible for all charges and fees associated with connecting to the Health Channel Sites and the Fee-Based Services.
4. For purposes of your use of the Fee-Based Services including identification and billing, you agree to provide the Company with true, accurate and complete information as required by the subscription or sign-up process (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information, and to allow the Company to share your Subscription Data with third parties for the purpose of verifying such Subscription Data and billing.
5. You agree to promptly update your Subscription Data, including your password, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You agree not to share your login and password for this Health Channel Sites with any other individual. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription.
The Company may terminate your access to the Health Channel Sites and the Fee-Based Services at any time without notice, if you fail to pay any Fee, or if you violate any of the terms and conditions of these Terms. If the Company terminates your access based on a breach of any portion of these Terms, the Company will not refund any amounts paid or cancel any amounts then payable by you and reserves the right to refuse to provide any Fee-Based Services to you in the future.
Requests for permission to reproduce any information contained on this Health Channel Sites should be addressed to email@example.com.
The Company hereby reserves all rights not expressly granted to you. Nothing in these Terms shall be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, publicity or other intellectual property right of the Company or any third-party, except as expressly granted herein.
Changes in Service:
The Company may modify, suspend, discontinue (temporarily or permanently), restrict the use of, charge for or make free all or any portion of this Health Channel Sites at any time and without notice or liability. The Health Channel Sites or related Services may also be temporarily unavailable due to maintenance or malfunction of computer equipment. You agree the Company shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Health Channel Sites or related Services.
Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a responsible parent or legal guardian and with their permission and under their direct supervision. The Health Channel Sites and its Content is not intended or designated to attract children under the age of 13. You are responsible for any and all account activity conducted by a minor on your account. The Company does not collect personally identifiable information from any person actually known to be under the age of 13. By agreeing to these terms you represent that you are at least the age of majority in your place of residence, or that you are at least the age of majority in your place of residence and you have given us your consent to allow any of your minor decedents to use the Health Channel Sites.
Special Admonitions for International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the United States has embargoed goods; or anyone in the United States Treasury Department’s list of Specially Designated Nationals or to the U.S. Commerce Department’s Table of Deny Order. The Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws. If you access the Health Channel Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Disclaimers/Limitations on Liability:
The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of any information, facts, views, opinions, statements and recommendations contained in this Health Channel Sites or provided as part of the Services. Reference to any product, process, publication or service of any third-party by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by the Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Health Channel Sites. Neither the Company, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice obtained from a health care provider via the Services or for any other information obtained on the Health Channel Sites.
The Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. The Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Health Channel Sites. The Company is not responsible for the content or performance of any portion of the Internet other than the www.allhealthtv.com domain, including other Health Channel Sites to which this Health Channel Sites may be linked or from which this Health Channel Sites may be accessed. Such links are provided only as a convenience and not as an endorsement of the content on such third-party Health Channel Sites. Users are requested to inform the Company of any errors or inappropriate material found on Sites to which this Health Channel Sites is or may be linked. The Company reserves the right, in its sole discretion, to terminate a link with any Health Channel Sites, which it deems inappropriate or inconsistent with this Health Channel Sites. The Company is not responsible for the content or Services of linked third-party sites and does not make any representations, warranties or covenants regarding the content or accuracy of materials on such third-party Health Channel Sites. If you decide to access linked third-party Health Channel Sites or Services, you do so at your own risk. Your use of third-party Health Channel Sites is subject to the terms and conditions of use for such sites.
COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS HEALTH CHANNEL SITES, ANY SERVICES, AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON, INCLUDING SERVICES DELIVERED TO YOU OR ON YOUR BEHALF THROUGH THE SERVICE.
THE HEALTH CHANNEL SITES, CONTENT AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY THE COMPANY, CONTENT PROVIDERS, MEDICAL EXPERTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE THE HEALTH CHANNEL SITES MAY BE USED TO FACILITATE YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS OR OTHER PROVIDERS, THE COMPANY DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT.
IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE HEALTH CHANNEL SITES, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY.
Disclaimer of Liability for Third-Party Content and Links:
You agree that the Company is not responsible and will not be held liable for any third-party content on the Health Channel Sites or any third-party content, products or services available on other Health Channel Sites accessed through links from the Health Channel Sites. Links to third-party Sites are for your convenience only, and their inclusion on the Company Health Channel Sites does not imply an endorsement, guarantee, warranty or representation by the Company.
Rights Reserved / Change in Terms:
Any rights not expressly granted herein are reserved. The Company reserves the right to make changes to these terms and conditions at any time and for any reason. Notices to you, including notices of changes to these terms, may, at the Company’s discretion, be made either by E-mail, regular mail or by displaying the notices or links to notices on the Company Health Channel Sites. All such changes will become effective 10 days after posting of such notice. Your continued use of the Health Channel Sites or Services after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions.
The Company may deny or terminate any permission granted under these Terms at any time for any reason by giving you notice.
Access to this Health Channel Sites may be monitored. The requesting URL, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Health Channel Sites constitutes consent to such monitoring and the Company’s reuse of such collected information. In addition, any information submitted to the Company through this Health Channel Sites is considered non-confidential.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable parties shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any remaining provisions.
These Terms do not create any agency, partnership, joint venture, employment or franchise relationship between you and us.
By using this Health Channel site or any Services, you agree to indemnify, hold harmless and defend the Company, its parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, subcontractors and employees from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third-party that is based on your use of this Health Channel Sites or any Services in violation of these Terms.
These Terms shall be construed and enforced in accordance with the laws of the State of Florida, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Palm Beach County, Florida, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Site or in which the Terms or the Site are a material fact.