CREATIONHealth.com
 

Terms of Use

AGREEMENT BETWEEN USER AND CREATION Health

Welcome to the CREATION Health Terms of Use Agreement. This is a legal contract between you and CREATION Health. Please read the entire agreement carefully before accessing or using the CREATION Health website, affiliate sites, or any information, products, software, services or other features. The CREATION Health Web Site is comprised of various Web pages operated by CREATION Health. By accessing and browsing the site, you accept, without qualification or limitation, the following terms and conditions and acknowledge that any other agreements that may exist between you and CREATION Health with respect to the following terms and conditions are superseded and of no force and effect.

The CREATION Health Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CREATION Health Web Site constitutes your agreement to all such terms, conditions, and notices.


MODIFICATION OF THESE TERMS OF USE

CREATION Health reserves the right to change the terms, conditions, and notices under which the CREATION Health Web Site is offered, including but not limited to the charges associated with the use of the CREATION Health Web Site with or without notice to you. The most current version of the Terms of Use Agreement can be reviewed by clicking the “Terms of Use – Privacy Agreement” hypertext link located at the bottom of our Web pages. EACH TIME THAT YOU ACCESS OR USE THE CREATIONHEALTH.COM WEBSITE, YOU RE-AFFIRM YOUR CONSENT TO THE THEN-EXISTING TERMS OF USE.

ELIGIBILITY REQUIREMENTS

By registering to CREATION Health, and subsequently visiting the CREATION Health web site, you consent to the following conditions. CREATION Health may, at its discretion, terminate your account if it feels you have at any time violated the following eligibility requirements.

  1. You must be at least 13 years of age to create an account with CREATION Health.

  2. CREATION Health content is not guaranteed for accuracy or completeness.

  3. You may not create more than one account for yourself, or any other person. Violation of these terms could result in additional charges to your account.

  4. You agree not to attempt to reverse engineer, breech security measures of or otherwise access CREATION Health for reasons other than standard access.

  5. CREATION Health content (text and images) are copyrighted under U.S. and International law, you therefore agree not to electronically copy or redistribute any content gained from CREATION Health.

  6. You may not use any data mining, information gathering or other automated mechanisms while connected to the CREATION Health web site.

  7. You agree that CREATION Health may, for any reason and without notice, terminate your account at any time.

  8. You may not use CREATION Health in any way to promote a web site, product or service.

  9. You may not share any content or information found within the CREATION Health web site without prior written permission from CREATION Health.

  10. You agree and hereby affirm that you are not an employee, representative, or family member of an employee or representative of any competing services or organizations.

  11. CREATION Health does not guarantee continuous, uninterrupted or secure access to CREATION Health products or services, and operation of the CREATION Health web site may be interfered with by numerous factors both inside and outside of CREATION Health's control, and some interruption of services may occur.

  12. You agree to and understand that CREATION Health uses IP address logging as well as certain 3rd parties to verify your compliance to these terms, and may terminate your account without notice for any reason at its sole discretion. In addition, you hereby recognize that sharing of your account information could result in additional charges to your account for each additional account access that violates these terms.


LINKS TO THIRD PARTY SITES

The CREATION Health Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of CREATION Health and CREATION Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CREATION Health is not responsible for web casting or any other form of transmission received from any Linked Site. CREATION Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CREATION Health of the site or any association with its operators.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CREATION Health Web Site, you warrant to CREATION Health that you will not use the CREATION Health Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CREATION Health Web Site in any manner which could damage, disable, overburden, or impair the CREATION Health Web Site or interfere with any other party's use and enjoyment of the CREATION Health Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CREATION Health Web Sites.

USE OF COMMUNICATION SERVICES

The CREATION Health Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.
CREATION Health has no obligation to monitor the Communication Services. However, CREATION Health reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CREATION Health reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CREATION Health reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CREATION Health's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CREATION Health does not control or endorse the content, messages or information found in any Communication Service and, therefore, CREATION Health specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CREATION Health spokespersons, and their views do not necessarily reflect those of CREATION Health.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CREATION Health OR POSTED AT ANY CREATION Health WEB SITE

CREATION Health does not claim ownership of the materials you provide to CREATION Health (including feedback and suggestions) or post, upload, input or submit to any CREATION Health Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CREATION Health, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CREATION Health is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CREATION Health's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CREATION Health WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CREATION Health AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CREATION Health WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CREATION Health WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CREATION Health AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CREATION Health WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CREATION Health AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATION Health AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CREATION Health WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CREATION Health WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CREATION Health WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CREATION Health WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CREATION Health OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CREATION Health WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CREATION Health WEB SITE.

SERVICE CONTACT: wellness@creationhealth.com


TERMINATION/ACCESS RESTRICTION

CREATION Health reserves the right, in its sole discretion, to terminate your access to the CREATION Health Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the CREATION Health Web Site. Use of the CREATION Health Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CREATION Health as a result of this agreement or use of the CREATION Health Web Site. CREATION Health's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CREATION Health's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CREATION Health Web Site or information provided to or gathered by CREATION Health with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CREATION Health with respect to the CREATION Health Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CREATION Health with respect to the CREATION Health Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

SUBSCRIBER ACCOUNT SECURITY RESPONSIBILITIES

If any of the Services requires you to Subscribe, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and by so doing you open an account with CREATION Health. In opening an account, you also will choose or be assigned a password and a user name. You are solely and exclusively responsible for maintaining the confidentiality of your password and user name, and you are solely and exclusively responsible for any and all activities that occur under your account or through access gained by use of your password and user name. You agree to notify CREATION Health immediately of any unauthorized use of your account or any other breach of security. CREATION Health will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CREATION Health or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.


COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CREATION Health Web Site are: Copyright 2015 by CREATION Health and/or its suppliers. All rights reserved.


TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.