FeelGoodNow Terms of Use
Updated September 28, 2011
Welcome to FeelGoodNow, a service that provides information about integrative and alternative medicine, and provides a forum for the exchange of consumer questions, opinions, and ideas. The FeelGoodNow website (“the Service”) is operated by FeelGoodNow Inc. (“FeelGood” or “us” or “we”).
By using this site and the links accessible through this site (the “Site”), you expressly agree to be legally-bound by this agreement with its terms, conditions, and policies (“Terms of Use”). These Terms of Use apply solely to the use of FeelGoodNow.com, and do not extend to any affiliated sites or links to third parties.We may change, modify, add, or delete portions of these Terms of Use at any time. We will provide notice by posting the updated Terms of Use at this link on the Site, and we will indicate above the date the current Terms of Use were updated. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the Terms of Use as updated. If you are unwilling or unable to be bound by the Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Site does not provide medical advice
The Site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment, services or endorsement of any particular test, product, or procedure. The information provided here and on linked sites is not a substitute for medical or professional care. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.
IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911.
Medical information changes constantly. Therefore the information on this site or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this site or any linked websites is solely at your own risk. FeelGood and its employees and agents are not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this site.
Your account
As a registered user of the Service, you will provide certain information about yourself to establish an account (“Account”). Don’t reveal your Account information or password to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify FeelGood of any security breach of your Account. FeelGood shall not be responsible for any losses arising out of someone else’s unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Service (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that FeelGood may store and use the Registration Data you provide for use in non-public statistical analysis of use of the Site.
There are two types of accounts:
- A “Health-seeker Account” is an account for your personal, non-commercial use only. In creating a Health-seeker Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. However, for the sake of your privacy, we do not recommend that you use your real name as your username. Still, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Health-seeker Accounts. Please read our Privacy Policy for more information.
- A “Practitioner Account” is an account to be used solely for the purpose of representing your business or professional practice in connection with the Site. In creating or updating a Practitioner Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including an unobstructed photo of yourself to be displayed in connection with your Practitioner Account. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must close your Practitioner Account immediately, or transfer it to the currently-authorized representative of the business.
Besides Health-seekers and Practitioners, you will also find “Contributors”. These are members of the FeelGood team who post content to the site, create video presentations, or respond to your inquiries.
Children’s privacy
The Site is intended for use by adults. To use the Site you must be at least eighteen (18) years old. We will never knowingly collect personal information from children under thirteen (13) years of age. If you are a parent or guardian of a child under the age of thirteen (13) who you believe has submitted personal information to this site, please Contact Us immediately.
Use of FeelGoodNow Site Content
FeelGood authorizes you to view or download a single copy of the material on this site solely for your personal, noncommercial use provided you include any and all copyright and proprietary rights notices that are contained in the Content. All special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is or may be protected by copyright under both United States and foreign laws. Title to the Content remains with FeelGood or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice at the editorial discretion of FeelGood. All rights not expressly granted herein are reserved to FeelGood and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of, or links to, any portion of the Content.
User Content
You have the option, as a registered user, of contributing content to the FeelGood Site, including but not limited to reviews about practitioners or products, questions about your health and treatments, or compliments about other Site users (“Your Content”). You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by FeelGood.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
FeelGood and its licensors or licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Our right to use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against FeelGood and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
Ownership.
As between you and FeelGood, you own Your Content. We own the Site Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, videos, illustrations, graphs, and all other elements and components of the Site excluding Your Content, user-provided Content and third party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the FeelGoodNow Inc. name and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the FeelGood Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the FeelGood Content are retained by us.
Content Feeds
We may make some of the Content available via Real Simple Syndication or Atom feeds (the “Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on FeelGood’s websites, and attributes FeelGood as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that FeelGood promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden FeelGood’s systems. FeelGood reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select “Partnerships” on our contacts page here to inquire about other possible uses of the Feeds.
Liability of FeelGood and its Licensors
The contents of the Site, such as text, graphics, images, information obtained from FeelGood licensors including but not limited to Natural Standard, reviews submitted by community members, and other material (“Content”) are for informational purposes only and are presented as-is and with all faults. The use of the FeelGoodNow Site and the Content is at your own risk, including the risk of encountering Content that may be offensive to some, indecent, inaccurate, objectionable, or otherwise inappropriate.
When using the FeelGoodNow Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FeelGood and its suppliers. Accordingly, FeelGood assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FeelGood Site.
FEELGOOD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, FeelGood, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, inoffensiveness, reliability, completeness, currentness, non-infringement, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the FeelGoodNow Site or FeelGood, including written content, video, graphics, opinions expressed by professionals or consumers, articles, photos, and quotes.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the FeelGoodNow Site.
In no event shall FeelGood, its licensors, its suppliers, or any third parties mentioned on the FeelGoodNow Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FeelGoodNow Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FeelGood, its licensors, its suppliers, or any third parties mentioned on the FeelGoodNow Site are advised of the possibility of such damages. FeelGood, its licensors, its suppliers, or any third parties mentioned on the FeelGoodNow Site shall be liable only to the extent of actual damages incurred by you, not to exceed the greater of (i) the amount paid by you to FeelGood under these Terms of Use, or (ii) U.S. $100. FeelGood, its licensors, its suppliers, or any third parties mentioned on the FeelGoodNow Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. YOUR SOLE AND EXCLUSIVE REMEDY FOR YOUR DISSATISFACTION WITH THE SERVICE OR SITE OR ANY OTHER GRIEVANCE SHALL BE TERMINATION OF YOUR MEMBERSHIP AND DISCONTINUATION OF ACCESS TO, AND USE OF, THE SITE.
Advertisements, Searches and Links to Other Sites
FeelGood may provide links to third-party web sites on the Site. FeelGood also may select certain sites as priority responses to search terms you enter, and FeelGood may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FeelGood does not recommend or endorse the content on any third-party websites. Such third-party websites and content are not investigated, monitored, or checked for accuracy, appropriateness or completeness by us and we are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FeelGood does not endorse any product, service, or treatment advertised on the FeelGoodNow Site.
Indemnity
You agree to defend, indemnify, and hold FeelGood, its officers, directors, employees, agents, licensors, subsidiaries, suppliers, and any related companies, harmless, including, costs, liabilities, and legal and accounting fees, from and against any claims, actions or demands, liabilities and settlements by any party resulting from, or alleged to result from, your access to or use of the Service or Site, (ii) your violation of these Terms of Use.
Termination
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your ability to access and use the Site, or any part thereof, at any time, with or without cause. You may terminate this Agreement by clicking on this termination button, also found elsewhere on the site, and ceasing to use or access the Site.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
Compliance with laws; jurisdiction
FeelGoodNow, Inc. is based in Denver, Colorado, in the United States of America. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and the laws of the State of Colorado and the United States.
You expressly agree that exclusive jurisdiction for any dispute with FeelGood or in any way relating to your use of the Site, resides in the courts of the State of Colorado, USA in the English language, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving FeelGood or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the internal substantive laws of the State of Colorado without respect to conflict of law provisions. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Ay failure of FeelGood to enforce any right or provision of these Terms of Use does not constitute a waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Copyright inquiries
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). If you have any questions about re-using any of the Content, or if you believe any materials accessible on the site infringe your copyright, please contact us as follows:
Legal Department: Copyright and Trademark
FeelGoodNow Inc.
931 Santa Fe Drive, Suite 200
Denver, CO 80204
Complete Agreement
Except as expressly provided in a particular "legal notice" or “disclaimer” on the FeelGoodNow Site, these Terms of Use constitute the entire agreement between you and FeelGood with respect to the use of the FeelGoodNow Site and Content.