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Legal
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Privacy Policy | Terms
of use
Privacy policy for healthandmotivation.com
Introduction
We take your right to privacy seriously, and want you to feel comfortable
using this web site. This privacy policy deals with personally-identifiable
information (referred to as "data" below) that may be
collected by this site. This policy does not apply to other entities
that are not owned or controlled by the site editor, nor does it
apply to persons that are not employees or agents of the site editor,
or that are not under the site editor's control. Please take time
to read this site's Terms of use.
1. Collection of data
Registration for an account on this site requires only a valid
e-mail address. Please be aware that the e-mail address you provide
and any other information you enter may render you personally
identifiable, and may possibly be displayed on this web site intentionally,
or depending on the way in which the site is configured) or unintentionally
(subsequent to a successful act of intrusion by a third party).
As on many web sites, the site editor may also automatically receive
general information that is contained in server log files, such
as your IP address, and cookie information. Information about
how advertising may be served on this site (if it is indeed the
site editor's policy to display advertising) is set forth below.
2. Use of data
Data may be used to customize and improve your user experience
on this site. Efforts will be made to prevent your data being
made available to third parties unless (i) provided for otherwise
in this Privacy Policy; (ii) your consent is obtained, such as
when you choose to opt-in or opt-out for the sharing of data;
(iii) a service provided on our site requires interaction with
a third party, or is provided by a third party, such as an application
service provider; (iv) pursuant to legal action or law enforcement;
(v) it is found that your use of this site violates the site editor's
policy, terms of service, or other usage guidelines, or if it
is deemed reasonably necessary by the site editor to protect the
site editor's legal rights and/or property; or (vi) this site
is purchased by a third party, in which case that third party
will be able to use the data in the same manner as set forth in
this policy. In the event you choose to use links displayed on
this web site to visit other web sites, you are advised to read
the privacy policies published on those sites.
3. Cookies
Like many web sites, this web site sets and uses cookies to enhance
your user experience -- to remember your personal settings, for
instance. Advertisements may display on this web site and, if
so, may set and access cookies on your computer; such cookies
are subject to the privacy policy of the parties providing the
advertisement. However, the parties providing the advertising
do not have access to this site's cookies. These parties usually
use non-personally-identifiable or anonymous codes to obtain information
about your visits to this site.
4. Minors
The site editor might not allow persons who are aged thirteen
or younger to become members of this site. For more information,
please contact the site administrator.
5.
Changes to this privacy policy
Changes may be made to this policy from time to time. You will
be notified of substantial changes to this policy either through
the posting of a prominent announcement on the site, and/or by
a mail message sent to the e-mail address you have provided, which
is stored within your user settings.
6. NO GUARANTEES
While this privacy policy states standards for maintenance of
data, and while efforts will be made to meet the said standards,
the site editor is not in a position to guarantee compliance with
these standards. There may be factors beyond the site editor's
control that may result in disclosure of data. Consquently, the
site editor offers no warranties or representations as regards
maintenance or non-disclosure of data.
8.
Contact information
If you have any questions about this policy or about this web
site, please feel free to contact the site administrator.
Terms of use for healthandmotivation.com
1. Acceptance of terms of use and amendments
Each time you use or cause access to this web site, you agree
to be bound by these Terms of use, as amended from time to time
with or without notice to you. In addition, if you are using a
particular service on this web site or accessed via this web site,
you will be subject to any rules or guidelines applicable to those
services, and they will be incorporated by reference within these
Terms of use. Please read the site's Privacy policy, which is
incorporated within these Terms of use by reference.
2.
The
site editor's service
This web site and the services provided to you on and via this
web site are provided on an "AS IS" basis. You agree
that the site editor reserves the right to modify or discontinue
provision of this web site and its services, and to remove the
data you provide, either temporarily or permanently, at any time,
without notice and without any liability toward you, The site
editor will not be held responsible or liable for timeliness,
removal of information, failure to store information, inaccuracy
of information, or improper delivery of information.
3.
Your responsibilities and registration obligations
In order to use this web site or certain parts of it, you may
be required to register for a user account on this web site; in
this case, you agree to provide truthful information when requested,
and -- if a minimum age is required for eligibility for a user
account -- you undertake that you are at least the required age.
By registering for a user account, you explicitly agree to this
site's Terms of use, including any amendments made by the site
editor that are published herein.
4.
Privacy policy
Registration data and other personally identifiable information
that the site may collect is subject to the terms of the site
editor's Privacy policy.
5.
Registration and password
You are responsible for maintaining the confidentiality of your
password, and you will be responsible for all usage of your user
account and/or user name, whether authorized or not authorized
by you. You agree to immediately notify the site editor of any
unauthorized use of your user account, user name or password.
6.
Your conduct
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video
or other materials ("content"), made available publicly
or privately, will be under the sole responsibility of the person
providing the said content, or of the person whose user account
is used. You agree that this web site may expose you to content
that may be objectionable or offensive. The site editor will not
be responsible to you in any way for content displayed on this
web site, nor for any error or omission.
By
using this web site or any service provided, you explicitly agree
that:
(a) you will not provide any content or conduct yourself in any
way that may be construed as: unlawful; illegal; threatening;
harmful; abusive; harassing; stalking; tortious; defamatory; libelous;
vulgar; obscene; offensive; objectionable; pornographic; designed
to interfere with or disrupt the operation of this web site or
any service provided; infected with a virus or other destructive
or deleterious programming routine; giving rise to civil or criminal
liability; or in violation of an applicable local, national or
international law;
(b) you will not impersonate or misrepresent your association
with any person or entity; you will not forge or otherwise seek
to conceal or misrepresent the origin of any content provided
by you;
(c) you will not collect or harvest any information about other
users;
(d) you will not provide, and you will not use this web site to
provide, any content or service in any commercial manner, or in
any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising
or commerce; you will not use this web site to promote or operate
any service or content without the site editor's prior written
consent;
(e) you will not provide any content that may give rise to the
site editor being held civilly or criminally liable, or that may
be considered a violation of any local, national or international
law, including -- but not limited to -- laws relating to copyrights,
trademarks, patents, or trade secrets.
7.
Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free,
perpetual, non-exclusive right and license (including any moral
rights or other necessary rights.) to use, display, reproduce,
modify, adapt, publish, distribute, perform, promote, archive,
translate, and to create derivative works and compilations, in
whole or in part. Such license will apply with respect to any
form, media, technology already known at the time of provision
or developed subsequently;
(b) you warrant and represent that you have all legal, moral,
and other rights that may be necessary to grant the site editor
the license specified in this section 7;
(c) you acknowledge and agree that the site editor will have the
right (but not obligation), at the site editor's entire discretion,
to refuse to publish, or to remove, or to block access to any
content you provide, at any time and for any reason, with or without
notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may
be made available on or through this web site. Representations
made regarding products and services provided by third parties
will be governed by the policies and representations made by these
third parties. The site editor will not in any manner be liable
for or responsible for any of your dealings or interaction with
third parties.
9.
Indemnification
You agree to indemnify and hold harmless the site editor and the
site editor's representatives, subsidiaries, affiliates, related
parties, officers, directors, employees, agents, independent contractors,
advertisers, partners, and co-branders, from any claim or demand,
including reasonable legal fees, that may be filed by any third
party, arising out of your conduct or connection with this web
site or service, your provision of content, your violation of
these Terms of use, or any other violation by you of the rights
of another person or party.
10.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF
ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS
AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS
IS", AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
THE
SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT
ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS
IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS
SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT
NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER
INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR
OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN
ANY WAY.
Some
jurisdictions may not allow disclaimers of implied warranties,
and certain statements in the above disclaimer may not apply to
you as regards implied warranties; the other terms and conditions
remain enforceable notwithstanding.
11.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY
TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF
ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING
TO SERVICES.
In
some jurisdictions, it is not permitted to limit liability and,
therefore, such limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor's rights, including
but not limited to any and all copyrights, trademarks, patents,
trade secrets, and any other proprietary right that the site editor
may have in respect of this web site, its content, and goods and
services that may be provided. The use of the site editor's rights.
and property requires the site editor's prior written consent.
By making services available to you, the site editor is not providing
you with any implied or express licenses or rights, and you will
have no rights to make any commercial use of this web site or
provided services without the site editor's prior written consent.
14.
Applicable law
You agree that these Terms of use and any dispute arising out
of your use of this web site or products or services provided
will be governed by and construed in accordance with local laws
applicable at the site editor's domicile, notwithstanding any
differences between the said applicable legislation and legislation
in force at your location. By registering for a user account on
this web site, or by using this web site and the services it provides,
you accept that jurisdiction is granted to the courts having jurisdiction
over the site editor's domicile, and that any disputes will be
heard by the said courts.
15.
Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed
to conflict with legislation by a court with jurisdiction over
the parties, the said provision will be interpreted to reflect
the original intentions of the parties in accordance with applicable
law, and the remainder of these Terms of use will remain valid
and applicable; (ii) The failure of either party to assert any
right under these Terms of use will not be considered to be a
waiver of that party's right, and the said right will remain in
full force and effect; (iii) You agree that any claim or cause
in respect of this web site or its services must be filed within
one (1) year after such claim or cause arose, or the said claim
or cause will be forever barred, without regard to any contrary
legislation; (iv) The site editor may assign the site editor's
rights and obligations under these Terms of use; in this event,
the site editor will be relieved of any further obligation.
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