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About BecomeHealthyNow.com / Terms & Conditions
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Your use of this site signifies your acceptance of these Terms and Conditions. The contents of this site, including the text, graphics, images, information obtained from BecomeHealthyNow.com, Inc.'s third-party content providers, sponsors, suppliers, and licensors (collectively "Providers") and other material are to be used for informational purposes only. Nothing stated or presented on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, etc.
If you do not agree to be bound by all of these Terms and Conditions of use, please do not use or access this site.
1. DISCLAIMERS AND LIMITATION OF LIABILITY
Users of this site ("User") expressly agree that use of this site is at User's sole risk. Neither BecomeHealthyNow.com, Inc.., nor its affiliates or subsidiaries, nor any of their officers, directors, employees, representatives or agents (collectively "BecomeHealthyNow.com"), nor Providers warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on this site or the results that may be obtained from the use of the information provided on this site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.
BecomeHealthyNow.com does not endorse, recommend or sponsor and is not affiliated with any individuals or entities listed or linked to on this site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment and evaluation in the selection of any and all medical professionals and health information.
THIS SITE IS PROVIDED BY BECOMEHEALTHYNOW.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BECOMEHEALTHYNOW.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BECOMEHEALTHYNOW.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BECOMEHEALTHYNOW.COM OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEB SITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THIS SITE, EVEN IF BECOMEHEALTHYNOW.COM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BECOMEHEALTHYNOW.COM' LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BECOMEHEALTHYNOW.COM, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall BecomeHealthyNow.com or any other party involved in creating, producing, or distributing this Web site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Web site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Web site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
2. THIRD-PARTY CONTENT
This Web site contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). In the Content supplied by Users or third parties other than BecomeHealthyNow.com, BecomeHealthyNow.com is a distributor and not a publisher. BecomeHealthyNow.com has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by BecomeHealthyNow.com are those of the respective authors or distributors and not of BecomeHealthyNow.com. Neither BecomeHealthyNow.com nor any third party, including any Provider, or any User of this Web site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through this site represents the opinions and judgments of the respective Provider or User not under contract with BecomeHealthyNow.com. BecomeHealthyNow.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than authorized BecomeHealthyNow.com' employees. Under no circumstances shall BecomeHealthyNow.com be liable for any loss, damage or harm caused by a User's reliance on information obtained through this site. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through this site.
3. ONLINE CONDUCT
User agrees to use this Web site only for lawful purposes. User is prohibited from posting on or transmitting through this site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If BecomeHealthyNow.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, BecomeHealthyNow.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Web site. BecomeHealthyNow.com, Inc.. may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of BecomeHealthyNow.com, its Users or Providers.
BecomeHealthyNow.com reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, this site, or any rights of BecomeHealthyNow.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither BecomeHealthyNow.com nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither BecomeHealthyNow.com, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on this Web site.
4. LINKS TO OTHER SITES
This site may reference or link to third-party sites throughout the World Wide Web. BecomeHealthyNow.com has no control over these sites or the content within them. BecomeHealthyNow.com cannot and does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. BecomeHealthyNow.com does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using this site to search for or link to another site, you agree and understand that you may not make any claim against BecomeHealthyNow.com for any damages or losses, whatsoever, resulting from your use of this site to obtain search results or to link to another site.
5. DESCRIPTION OF SERVICES
At your request we will facilitate either:
- Secure access so you can initiate and maintain your Health Record and/or
- A health professional to perform a consultation for you.
The terms below apply to any services we provide to you through our website including any consultation and to everything else we or any of the persons referred to in clause 13 below do for you. The contents of these terms are subject to the provisions of any consumer legislation which takes priority over them.
6. DEFINITIONS
In these terms:
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"advice" means an assessment or recommendation provided by a clinician as part of a consultation regarding a health problem submitted by you. If clarification is required, it includes one follow-up communication made within 7 days from the date the original assessment or recommendation is placed in your personal health record on our website.
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"consumer legislation" means any compulsory provision of law of a legislative or regulatory nature passed by a competent body which applies no matter what you and we say and affects any services provided through our website to you or any other person.
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"consultation" means when you visit our website and electronically supply to it details of a health problem as you perceive it, for the purpose of obtaining an advice and includes that advice itself.
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"clinician" means any person to whom the information relating to a health problem is referred to by us for the purpose of providing an advice and who supplies an advice.
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"services" covers all goods and services of any kind we or any of the persons referred to in clause 13 provide to you through our website.
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"we" or "us" means BecomeHealthyNow.com.
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"you" means you, the person requesting a consultation.
7. IMPORTANT GENERAL CLAUSE
This clause 7 takes priority over all other clauses of these terms.
Acquiring Services Where Consumer Legislation Applies to the Supply
None of your rights under any consumer legislation shall be reduced by these terms which shall apply to the extent legally permitted.
Acquiring Services Where Consumer Legislation does not apply to the Supply
If you are acquiring services in circumstances where either:
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No compulsory provisions apply; or
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You and we are allowed to agree on different terms then you agree that your general rights at law regarding those services will, to the extent permitted, be subject to these terms only and that the provisions of consumer legislation which would otherwise apply, will not apply to the services.
Nature of Services Provided
The services provided through this website are not suitable for and do not extend to situations requiring emergency assistance. In those circumstances we suggest you immediately contact your usual health provider.
This applies to any situation where immediate or urgent health care may be needed to avoid injury, or rapid deterioration of a current injury or illness, or death and where you are not able to assess it is a situation requiring emergency assistance.
We may decline your request for a consultation where a clinician considers a consultation inappropriate. In that case we will advise you and refund any payment you have made.
Any services including any advice are provided to you personally and may not be relied upon by any other person.
The advice is solely based on the written information you provide to us as part of the consultation. You must ensure we receive all relevant information about: the health problem being experienced and the person experiencing it including their history both medical and non-medical. For the purposes of these terms the advice is deemed to have been provided to you:
1. By the clinician and not by BecomeHealthyNow.com, who acts as the clinician's agent only;
2. At the time it is placed by us in your personal health record on our website;
3. In the state or country where the clinician is located at the time you requested the consultation.
Free Online Tests and Free Consultations
As a courtesy to new clients, we offer the opportunity for you to take one or more free health tests and to speak to a licensed health care practitioner.
You agree to the following terms in using the free test system:
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You agree to receive a call at the time you speciefied when you scheduled your consultation.
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You agree that if you need to change the time of the consultation, you agree to call us at least 24 hours in advance to reschedule.
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You agree that if you do not cancel your consultation at least 24 hours in advance you agree to make a payment of $55.00 which is the normal cost of a 30 minute consultation.
If you do not agree with these terms, you should not use the Online Free Test System.
8. OUR PROMISES
We promise:
- 1. To refer the information you provide to a clinician of your choice or one we choose for you as soon as we reasonably can. We believe our clinician will be qualified to provide the advice.
- 2. To place the advice for the consultation you requested in your personal health record on our website as soon as we receive it. We take all reasonable security measures to protect your personal information against loss or unauthorized access, use, disclosure or other misuse;
- 3. To send you an email which informs you that advice is in your personal health record at our website.
9. YOUR DUTIES
You acknowledge and agree that
- You have carefully read and understood the general provisions of clause 7
- The situation in which you seek a consultation does not require emergency assistance as described in clause 7
- You have authority to request the services and to pay for them
- You will use the advice for your personal use and not for any unlawful purpose or commercial gain, nor will you make it available to any other person
- You will make sure that all information you give us is accurate and sufficient to enable the clinician to provide you with reasonable and well founded advice
- A consultation is and remains a remote consultation without physical examination and must not, be relied upon by you instead of a personal consultation with a qualified health professional. This is particularly so if the health problem continues or where it would be generally considered prudent to seek advice from a qualified health professional in person
- You will maintain a connection with an Internet Service Provider enabling us to contact you as required and that if you do not comply with this requirement, we will be released from any further obligations to you without having any need to refund any moneys you have paid;
- Keep the passwords to your health record confidential. Normally you will select your password when you first register with us;
- You will only use the site for requesting and receiving services. We may, monitor the information provided to or through our website and disconnect or bar you from access if you fail to abide by these terms or generally accepted standards of use or behavior of the internet;
- You will indemnify us and the clinician providing the advice to you and keep us both protected against any liability however it arises.
Duties Of Other People
10. METHOD OF PAYMENT
We accept on-line payment by MasterCard and Visa.
We require you to pay the charge for services you request before they are delivered unless we have agreed otherwise in writing.
11. CHARGES AND TAX
Our charges on the website are stated in the United States dollars (which are quoted inclusive of the United States goods and services tax (GST)), U.S. dollars, Australian dollars and from time to time other currencies.
We will charge you the equivalent amount of the U.S. dollar rate in your local currency.
We reserve the right to vary our charges from time to time without communication.
When services are deemed to have been provided in a country other than the United States, all duties, tariffs and taxes, and other similar charges imposed by any competent body of that country are your responsibility. You agree to keep us and the clinician providing the advice, indemnified and protected against any liability in that regard.
You incur our charges from the time we receive your request for a consultation.
Compensation and Liability
12. YOUR ABILITY TO ASK FOR COMPENSATION FROM US
Unless consumer legislation requires otherwise, you agree that your rights to compensation are determined and limited by clauses 13 and 14 of these terms.
13. EXCLUSION OF LIABILITY
We exclude all liability we may have to you in respect of any service, consultation, or anything else we do. This exclusion also applies for the benefit of these people:
- Any company owned by us;
- Every officer, employee, contractor, agent and everyone else we or any company owned by us is responsible for;
- Anyone else who is requested by us or by any company owned by us to perform a service at your request.
None of the people specified above is liable or has to pay you for anything else in connection with or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorized by any agreement or relationship you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise if it were not for this clause. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.
14. LIMITATION OF OUR LIABILITY
In clause 13 we have excluded liability we or any of the people specified in that clause may otherwise have to you. However, if for any reason, any of those people cannot rely on that exclusion of liability, then this clause applies.
If and to the extent this clause applies, the maximum combined amount the people referred to above (together) will have to pay you and anyone else who claims through you (together) is the amount of our charges that you have actually paid to us for the services complained about.
General
15. INFORMATION ABOUT YOU
During our relationship, we and a clinician will collect information about you from yourself and, with your permission, possibly others, for the purposes of performing services.
Under the Privacy Act 1993 (the United States), we follow strict procedures in collecting, storing and disclosing information about you. You may decide whether to provide any information we seek from you. However, if you do not provide it, we may not be able to provide the services to you. Our security measures mean that in order to prevent unauthorized access to your personal information we store your information in our secure database behind an electronic firewall and we may request proof of identity before we disclose it. We may hold the information for future reference and may share it with your permission with persons who need to know it to supply services to you which usually will be a clinician giving you an advice.
You may ask to see information we hold about you and ask for any details that are wrong to be corrected. Any information you provide us will be treated as a medical record and will not be deleted. This information will also be held in confidence in accordance with the preceding paragraph.
16. COPYRIGHTS
Copyright © 2000-2007 BecomeHealthyNow.com, Inc.. All materials and contents contained in this Web site (including but not limited to the text, graphics, logos, button icons, images, audio clips and software), and the Web site itself, are copyrighted materials belonging exclusively to BecomeHealthyNow.com, Inc.. or its content suppliers and are protected by federal Copyright Law and international treaties.
BecomeHealthyNow.com, Inc. enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
17. LINKS TO OTHER WEBSITES METATAGS
No person may create a link to or from or put anything on our website whether visible or invisible without our written consent. We do not endorse and neither are we responsible for, the content of any websites linked to or framed within, our website.
18. LAW AND JURISDICTION APPLYING TO THESE TERMS
These terms continue to apply to our relationship no matter where you are located at the time of the services are provided or where you reside. This will be the case until they are cancelled except to the extent clause 25 says otherwise.
To the extent legally permitted:
- These terms shall be governed by and interpreted in accordance with the laws of the United States, except that the relationship between a clinician and yourself, including the content of any advice and any legal requirements regarding it shall be governed and interpreted in accordance with the laws of the state or country where that advice is deemed to have been provided under these terms;
- Any claim or dispute arising out of or in connection with these terms must be instituted within one year from the date the relevant service was initiated by you;
- Any dispute arising out of or in connection with these terms shall be finally resolved by arbitration under the Arbitration Act 1996 (the United States), including the provisions of the Second Schedule to that Act, and shall be conducted in Wellington, the United States, in the English language by one arbitrator appointed in accordance with the provisions of that Act;
except as otherwise stated you submit to the non-exclusive jurisdiction of the the United States courts.
19. ALTERING THESE CLAUSES
We may alter or remove existing clauses of these terms or add new ones. Alterations may be in the nature of completely new clauses. We can do this without the need to obtain the consent of the people in clause 13.
20. MEETING OUR DUTIES THROUGH AGENTS
We may have any BecomeHealthyNow.com approved agent perform any part of our side of these terms. If that occurs, that agent or its officers, employees, contractors or agents shall have the benefit of any clause that confers benefits on us.
21. TRANSFERRING RESPONSIBILITIES
We may transfer all of our responsibilities under these terms to someone else. We will tell you if we do this. You may not transfer your responsibilities or any benefit or obligation of these terms to anybody.
22. USE OF YOUR PASSWORD
We are entitled to treat all of the people who use your password to access or acquire the services as being authorized by you to do so and people you are responsible for. You must ensure that they meet all your duties under these terms.
23. EACH CLAUSE SEPARATELY BINDING
Each clause of these terms is separately binding.
If for any reason we, you or any of the people specified in clause 13 cannot rely on any clause in whole or in part, all other clauses of these terms will continue to be effective.
24. SENDING COMMUNICATIONS
You authorize us to send communications to the last email address or fax number you have given us. Such communications may refer to the provision of services or the consultation but will not disclose the contents of any advice. We can assume any:
- Email has been received by you when it has been sent to the email address we sent it to even if it has not been downloaded from the Internet Service Provider hosting the email address;
- Fax has been received by you when we receive confirmation of transmission to the number we sent it to. You may send any communication to us or contact us in relation to any other matter relating to the services by emailing us here, or contacting us by fax on fax number (727) 443-6664. Please tell us if you change your email address or fax number.
25. RIGHTS AND RESPONSIBILITIES THAT CONTINUE
The canceling of any relationship you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under clauses 9 and 13, 19, 20 and this clause 25. Copyright ©2000-2007 BecomeHealthyNow.com. All Rights Reserved.
Last Updated April 11, 2008
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