FeelGoodNow Terms of Use

Updated October 15, 2012

Welcome to FeelGoodNow, a service that provides information about Social Media, Marketing, Marketing Education, and Video Production, and provides a forum for the exchange of consumer questions, opinions, and ideas about health and wellness.  The FeelGoodNow website (“the Site”) is operated by FeelGoodNow Inc. (“FeelGood” or “us” or “we”). 

By using the Site and the links accessible through it, you expressly agree to be legally-bound by this agreement with its terms, conditions, and policies (“Terms”). These Terms apply solely to the use of FeelGoodNow.com, and do not extend to any sites, affiliated or not. We may change, modify, add, or delete portions of these Terms at any time. We will provide notice by posting the updated Terms at this link on the Site, and we will indicate above the date the current Terms 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, do not 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.

The 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, therapy mode, substance, practitioner, 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.

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 (the “Content”) solely for your personal, noncommercial, use provided you preserve any and all copyright and proprietary rights notices.

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 of submitting comments to FeelGood for possible publication on the Site (“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.

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 Site and any Other Media the right to access Your Content in connection with their use of the Site. 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.

Liability

The contents of the Site, such as text, graphics, images, comments submitted by readers, and other material 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, false, 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 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 health-related products or the approval or compliance of any software tools with regard to the Content contained on the FeelGoodNow Site.

3.      The results of your efforts to market your practice, business or products.

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 DISCONTINUATION OF ACCESS TO, AND USE OF, THE SITE.

Advertisements, Searches, and Links to Other Sites

FeelGood may provide links to third-party websites 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.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Content, Indemnity, Jurisdiction and Law, and Complete Agreement.

Jurisdiction and Law

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. Any 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

FeelGoodNow Inc.

info@feelgoodnow.com           

Complete Agreement

These Terms of Use constitute the entire agreement between you and FeelGood with respect to the use of the FeelGoodNow Site and Content.