General Terms & Conditions Disclaimer of Use

 

By using the ALLHEALTHTV.COM, users agree to be bound by the following terms of use.

 

Terms and Conditions

 

General:

 

These Terms and Conditions apply to websites owned and operated by South Florida PBS, Inc.and its affiliates, including, but not limited to Health Channel Holdings, Inc., The HealthChannel, and AllHealthTV.com (collectively, the “Company”) and include the mobile optimizedversions of these sites and our Mobile Device Applications or “Apps” (we refer to these sites andApps collectively as the “Health Channel Sites”) is subject to the following terms and conditionsof use (the “Terms”). You agree to the Terms by accessing this Health Channel Sites oraccepting the information from this Health Channel Sites. The Company reserves the right in itssole discretion to change the Terms, and your continued use of this Health Channel Sites after theposting of any notice of a change in the Terms shall constitute your acceptance to be bound byany such changes. Since you are bound by any such revisions posted on the Health Channel Sitesat the time of any visit, you should therefore periodically visit this page to review the currentTerms to which you are bound.

No Other Contract:

Except for these Terms and Conditions, no statement on the Health Channel Sites constitutes acontract, a representation or warranty, an offer to enter into a contract, or an offer ofemployment, 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 advertisingrelationship, of the Company.

Content:

 

The information and features included in this Health Channel Sites, including, but not limited totext, graphics, video, chats or similar interactive features (live, real-time or otherwise),information, images, trademarks, service marks and copyrightable works (the “Content”) havebeen compiled from a variety of sources, are for informational purposes only, are not intended tobe nor do they constitute legal or medical advice, and are subject to change at any time withoutnotice. However, this Health Channel Sites and all Content it contains are provided “AS IS.” Byusing or linking to this Health Channel Sites, you assume the risk that the Content on this HealthChannel Sites may be incomplete, inaccurate, out of date, or may not meet your needs andrequirements. This Health Channel Sites contains content provided by third-parties. TheCompany does not warrant or guarantee the accuracy, availability or completeness of thisinformation. 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 PROVIDED BY COMPANY IS FOR INFORMATIONAL ANDEDUCATIONAL PURPOSES ONLY. Company is not a medical provider and does notoffer medical advice. Your use of the Health Channel Sites and Content does not establisha doctor/physician-patient relationship, and the Health Channel Sites, Content or anyrelated services (including those provided by third-parties) are not a substitute for seekingor obtaining medical advice, diagnosis or treatment from a physician, hospital or othermedical expert. The Health Channel Sites and the Content provided by Company is notintended to treat, diagnose, cure or prevent any disease, illness or medical condition. Allinformation contained on this site is intended for educational and informational purposesonly. This information is not to be taken as medical or other health advice pertaining to aspecific health or medical condition. You should always seek the advice of a qualifiedmedical professional before implementing anything discussed on the Health Channel Sitesand through the Content. For medical advice, contact your doctor or a quailed medicalprofessional. IN THE CASE OF A MEDICAL EMERGENCY OR SUICIDALTHOUGHTS, 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 bemedical or other health or planning considerations applicable to your situation that are not takeninto account by Company in the Content. Prior results described in any Content do not guaranteeor predict a similar outcome with respect to your particular situation. The Company does notrecommend or endorse any specific tests, physicians, hospitals, medications, procedures,opinions or other information that may be mentioned on the Health Channel Sites. Companymakes no promises, guarantees, representations or warranties, express or implied, about theContent, including but not limited to any promise, guaranty, representation or warranty about theaccuracy and completeness of the Content or regarding any outcome or result following your useof the Content. Company is not liable or responsible for any errors or omissions in the Content.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 anyclaims, losses or damages (including but not limited to tort claims, breach of contract claims andnegligence claims) that arise or result from the Content or from your use or non-use of the Content

Third Parties:

 

The Company may make suggestions to you regarding services offered by third parties, and mayprovide links to third party services or sites. The Company does not endorse or approve of anysuch third parties and is not responsible for any services or information provided to you by suchthird parties. Additionally, this Health Channel Sites contains content provided by third parties.The Company does not warrant or guarantee the accuracy, availability or completeness of thisinformation. Neither the Company nor its content or data providers shall be liable for any errors,omissions or inaccuracies in this content

Trademark Information/Restrictions on Use of Health Channel Sites:

 

This Health Channel Sites and all of the Content it contains, or may in the future contain is theproperty of the Company, its affiliate companies and licensors and is protected
unauthorized copying and dissemination by U.S. copyright law, international conventions andother copyright law.

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on theHealth 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 asgranting, by implication, estoppel or otherwise, any license or right to use any Trademark orContent displayed on the Health Channel Sites without the written permission of the Company orsuch third-party that may own the relevant Trademarks or Content. Your misuse of theTrademarks or Content on the Health Channel Sites except as provided in these Terms, is strictlyprohibited. You are also advised that the Company will aggressively enforce its intellectualproperty rights to the fullest extent of the law, including referral for criminal prosecution whereappropriate.

Forums:

 

The personal information you submit to the Company is governed by the Company’s PrivacyPolicy (“Privacy Policy”). To the extent there is an inconsistency between this Agreement andthe Privacy Policy, this Agreement shall govern. Company may make available to users of thisHealth Channel Sites, e-mail notices, blogs, newsletters, chat rooms, message boards, bulletinboard services, “ask the expert” opportunities or other interactive facilities by means of thisHealth Channel Sites, including the opportunity to upload content to the Health Channel Sites(collectively, the “Public Forums”). Company cannot review all communications made on orthrough the Health Channel Sites. Company reserves the right, but has no obligation, to monitorthe Public Forums and to edit, modify or delete any material which Company in its solediscretion determines to violate this Agreement or to be in any other way offensive or contrary toany Company policy.

Acceptable Conduct:

 

You agree not to post any threatening or defamatory content on the Health Channel Sites thatinvades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, orviolates any law or advocates illegal activity. Company will fully cooperate with any lawenforcement authorities or court order requesting or directing Company to disclose the identityof user of the Health Channel Sites and you consent to such disclosure. You agree not todamage, disable, attack, deface, or attempt unauthorized access to this Health Channel Sites orserver, or a third-party Health Channel Sites or server. You agree not to transmit or postSubmissions 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 employment service for the sports industry orotherwise, without User Sublicenses the prior written consent of Company. You agree not toupload or transmit any communications or content of any type that infringe or violate any rightsof any party. By submitting any communications or content to the Health Channel Sites youagree that such submission is non-confidential for all purposes. If you wish to keep anyinformation, ideas, concepts or other communications private or proprietary, do not submit themto the Company or this Health Channel Sites in any manner or form..

User Submissions:

 

You agree to only post or upload media (like photos, videos or audio) on or to the HealthChannel Sites that you have taken yourself or that you have all rights to transmit and license andwhich do not violate trademark, copyright, privacy or any other rights of any other person. Toprotect your privacy, you agree that you will not submit any media that contains PersonallyIdentifiable 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 theirpermission is strictly prohibited. By uploading any media on the Health Channel Sites, youwarrant that you have permission from all persons appearing in your media for you to make thiscontribution and grant rights described herein.By uploading any media on the Health Channel Sites like a photo or video, (a) you grant to theCompany 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 inthe media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/herparent/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 holdthem harmless from any and all claims and expenses, including attorneys’ fees, arising from themedia and/or your failure to comply with these the terms described in the document. TheCompany reserves the right to review all media prior to submission to the Health Channel Sitesand to remove any media for any reason, at any time, without prior notice, at our sole discretion.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse,offensive images or conduct, obscenity, pornography, sexually explicit or any material that couldgive rise to any civil or criminal liability under applicable law or regulations or that otherwisemay be in conflict with these Terms and Conditions, or the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any othercomputer code, files or programs designed to interrupt, destroy, or limit the functionality of anycomputer software or this Health Channel Sites.

Fee Based Services:

 

Certain portions, components, Content (defined below) and features of the Health ChannelSites are only available to users who purchase a subscription (“Fee-Based Services”). As asubscriber 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 theCompany may accept from time to time), in advance, the annual charges and fees set forthon the Health Channel Sites, applicable taxes, and other charges and fees incurred in orderto access Fee-Based Services (the “Fees”). The Fees are expressed in United States dollarsand your credit card or other account will be charged in United States dollars. TheCompany 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 othermeans as the Company may deem appropriate from time to time (including electronic orconventional mail).
  2. The Company will automatically charge your credit card or other account at thestart of the standard billing period and at the start of each renewal period, unless youterminate or cancel your subscription no less than ten (10) business days prior to the startof the relevant renewal period. Each time you use the Fee-Based Services you reaffirmyour 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 withconnecting to the Health Channel Sites and the Fee-Based Services.
  4. For purposes of your use of the Fee-Based Services including identification andbilling, you agree to provide the Company with true, accurate and complete information asrequired by the subscription or sign-up process (“Subscription Data”), including your legalname, address, telephone number, email address and applicable billing information, and toallow the Company to share your Subscription Data with third parties for the purpose ofverifying such Subscription Data and billing.
  5. You agree to promptly update your Subscription Data, including your password, inthe event of any known or suspected unauthorized use of your subscription, or any knownor suspected breach of security, including loss, theft, or unauthorized disclosure of yourpassword or credit card information. You agree not to share your login and password forthis 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.]

Termination:

 

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 ofthe terms and conditions of these Terms. If the Company terminates your access based on abreach of any portion of these Terms, the Company will not refund any amounts paid orcancel any amounts then payable by you and reserves the right to refuse to provide anyFee-Based Services to you in the future.

Authorization:

 

Requests for permission to reproduce any information contained on this Health Channel Sitesshould be addressed to info@allhealthtv.com.
The Company hereby reserves all rights not expressly granted to you. Nothing in these Termsshall be interpreted as conferring by implication, estoppel, or otherwise any license or right underany patent, copyright, trademark, publicity or other intellectual property right of the Company orany third-party, except as expressly granted herein

Changes in Service:

 

The Company may modify, suspend, discontinue (temporarily or permanently), restrict the useof, charge for or make free all or any portion of this Health Channel Sites at any time andwithout notice or liability. The Health Channel Sites may also be temporarily unavailable due tomaintenance or malfunction of computer equipment. You agree the Company shall not be liableto you or to any third-party for any modification, suspension or discontinuance of the HealthChannel Sites.
Privacy:

 

Any personal data (for example, your name, address, telephone number or e-mail address) youtransmit to this Site by electronic mail or otherwise will be used by the Company in accordancewith the Site’s Privacy Policy. Any other communication or material you transmit to the Site,such as questions, comments, suggestions or the like, will be treated as non-confidential andnonproprietary.

Children’s Privacy:

 

The Health Channel Sites and its Content is not intended or designated to attract children underthe age of 13. The Company does not collect personally identifiable information from anyperson actually known to be under the age of 13.

Special Admonitions for International Use:

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regardingonline conduct. Specifically, you agree to comply with all applicable laws regarding thetransmission of technical data exported from the United States or the country in which youreside.

Export Control:

 

Software and other materials from this Site may be subject to United States Export Control. TheUnited States Export Control laws prohibit the export of certain technical data and software tocertain territories. No software from this Site may be downloaded or exported into (or to anational or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other countryto which the United States has embargoed goods; or anyone in the United States TreasuryDepartment’s list of Specially Designated Nationals or to the U.S. Commerce Department’sTable of Deny Order. The Company does not authorize the downloading or exportation of anysoftware or technical data from this Site to any jurisdiction prohibited by the United StatesExport Laws. If you access the Health Channel Sites from outside the United States, you do soat 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 andrecommendations contained in this Health Channel Sites. Reference to any product, process,publication or service of any third-party by trade name, trademark, manufacturer, or otherwisedoes not necessarily constitute or imply its endorsement or recommendation by the Company.Users are responsible for seeking the advice of professionals, as appropriate, regarding theinformation, opinions, advice or content available at this Health Channel Sites.The Internet may be subject to breaches of security. The Company is not responsible for anyresulting 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, delayin 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 notresponsible 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 HealthChannel Sites may be linked or from which this Health Channel Sites may be accessed. Suchlinks 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 orinappropriate material found on Sites to which this Health Channel Sites is or may be linked. TheCompany reserves the right, in its sole discretion, to terminate a link with any Health ChannelSites, which it deems inappropriate or inconsistent with this Health Channel Sites. The Companyis not responsible for the content of linked third-party sites and does not make anyrepresentations, warranties or covenants regarding the content or accuracy of materials on suchthird-party Health Channel Sites. If you decide to access linked third-party Health Channel Sites,you do so at your own risk. Your use of third-party Health Channel Sites is subject to the termsand 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 RESPECTTO THIS HEALTH CHANNEL SITES AND THE INFORMATION AND OTHERMATERIALS CONTAINED THEREON.

IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KINDINCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTIONWITH THE HEALTH CHANNEL SITES, ITS CONTENT, OR ANY ERRORS OROMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF COMPANYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOMEJURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY..

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY HEALTHCHANNEL SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE ANDEXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HEALTH CHANNEL SITES.

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-partycontent on the Health Channel Sites or any third-party content, products or services available onother 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 ChannelSites 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 makechanges to these terms and conditions at any time and for any reason. Notices to you, includingnotices 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 ChannelSites. All such changes will become effective 10 days after posting of such notice. Yourcontinued use of the Health Channel Sites after the date such changes become effective willconstitute your acceptance of the changes and your agreement to be legally bound by anymodifications or amendments to these terms and conditions.


Additional Provisions:

 

The Company may deny or terminate any permission granted under these Terms at any time forany reason by giving you notice.

Access to this Health Channel Sites may be monitored. The requesting URL, the machineoriginating the request, and the time of the request may be logged for access statistics andsecurity purposes. Use of this Health Channel Sites constitutes consent to such monitoring andthe Company’s reuse of such collected information. In addition, any information submitted tothe Company through this Health Channel Sites is considered non-confidential.

By using this Health Channel site, you agree to indemnify, hold harmless and defend theCompany 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 athird-party that is based on your use of this Health Channel Sites 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 locatedwithin Palm Beach County, Florida, USA, will have exclusive jurisdiction over any and alldisputes arising out of, relating to or concerning these Terms and/or the Site or in which theTerms or the Site are a material fact.