Terms of Use

Effective: January 26, 2024

Set forth below are a disclaimer and the terms and conditions of use (together, "Terms and Conditions") regarding your use of this online health application (“Online Application”) as provided to you by WebMD and/or its Client (collectively, “Host”). Please read these terms carefully. You will be asked to agree to comply with and to these Terms and Conditions, as well as the applicable Privacy Policy made available to you by hyperlink ("Agreement"), prior to participating in this Online Application.

DISCLAIMER
THIS ONLINE APPLICATION DOES NOT PROVIDE A MEDICAL SERVICE OF ANY KIND. THE INFORMATION CONTAINED IN THE ONLINE APPLICATION IS FOR YOUR PERSONAL USE ONLY AND IS NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT DISEASE OR OTHER CONDITIONS AND IS NOT INTENDED TO PROVIDE A DETERMINATION OR ASSESSMENT OF YOUR STATE OF HEALTH. ALWAYS CONSULT A LICENSED HEALTHCARE PROFESSIONAL SUCH AS YOUR FAMILY PHYSICIAN OR YOUR SPECIALIST TO MAKE HEALTHCARE DECISIONS OR BEFORE STARTING ANY DIET OR EXERCISE PROGRAM. HOST MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE ONLINE APPLICATION OR THE PERFORMANCE OF THE ONLINE APPLICATION, NOR SHALL THE HOST OR ITS LICENSORS BE HELD RESPONSIBLE OR LIABLE FOR ANY COSTS OR DAMAGES RELATED TO USE OF THE ONLINE APPLICATION OR ANY INFORMATION PROVIDED THEREFROM.

TERMS & CONDITIONS OF USE
By accessing, browsing and/or otherwise using this Online Application, you acknowledge that you have read, understood and agree to be bound by the disclaimer set forth above and these terms and conditions described here, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse, and/or use this Online Application. The material provided in this Online Application is protected by law, including, but not limited to, United States copyright law and international treaties.

These terms and conditions of use apply to your access to and use of this Online Application only and do not alter in any way the terms and conditions of any other agreement you may have with the Host for health services or otherwise.

USE RESTRICTIONS

Copyright
All Online Application materials, including, without limitation, text, pictures, graphics, and other files and the selection and arrangement thereof are copyrighted materials of the Host and/or its licensors, or by the original creator of the material. Permission is granted to use this Online Application for your personal use only and only for the purposes for which the Host provided you access to the Online Application. You may not, distribute, copy, reproduce, display, republish, download, or transmit this Online Application or any material in it for commercial use without prior written approval of the Host. You may not "mirror" this Online Application or any material contained in it on any other server without prior written permission from the Host. Any unauthorized use of any material contained within this Online Application may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks
The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed in this Online Application are registered and unregistered Trademarks of the Host and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Host and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Host and/or its licensors. You acknowledge that the Trademarks used and displayed within this Online Application are and shall remain the sole property of the Host and/or its licensors. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks to you. Further, nothing in this Online Application shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Online Application, without the express written permission of the Host and/or its licensors. The misuse of the trademarks displayed within this Online Application, or any other content within the Online Application, is strictly prohibited.

Limited Access
Except as otherwise expressly permitted by the Host and/or its licensors, any access or attempt to access other areas of the Host and/or its licensors' computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the pages on the Online Application or the content contained therein. You will not spam or send unsolicited e-mail to any other user of the Online Application for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Online Application. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Host and/or its licensors' infrastructure. You further agree not to disseminate, store, or transmit viruses, Trojan horses or any malicious code or program or engage in any other activity deemed by the Host to be in conflict with the spirit or intent of this Agreement. You agree that you will not use the Online Application in violation of any local, state, federal, or non-United States law or regulation. You are prohibited from posting on, or transmitting through, this the Online Application and any website hosting the Online Application any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable including, but not limited to, any material or content that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

LINKS FROM AND TO THIS SITE
You acknowledge and agree that the Host has no responsibility for the accuracy or reliability of information provided by linked sites. Links to external web sites do not constitute an endorsement by the Host of the sponsors of such sites or the content, services, products, advertising or other materials presented on such sites. The Host shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the information or content provided on the linked sites. Information on the web pages that are linked to this Online Application comes from a variety of sources. The Host does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that the Host shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

WARRANTY DISCLAIMER
THIS ONLINE APPLICATION, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION WITHIN IT, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE HOST AND/OR ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, AND INFORMATIONAL CONTENT. THE HOST AND/OR ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS ONLINE APPLICATION, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS ONLINE APPLICATION OR ANY OTHER SITES LINKED TO THIS ONLINE APPLICATION. THE HOST AND/OR ITS LICENSORS DO NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE APPLICATION WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE HOST AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS ONLINE APPLICATION OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS ONLINE APPLICATION OR ITS SERVICES WILL BE CORRECTED.

LIMITATION OF LIABILITY
IN NO EVENT WILL THE HOST AND/OR ITS LICENSORS OR OTHER THIRD PARTIES MENTIONED ON OR IN THIS ONLINE APPLICATION BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES RELATING TO THE USE OR INABILITY TO USE THIS ONLINE APPLICATION OR THE MATERIALS OR OTHER INFORMATION CONTAINED IN THIS ONLINE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

MISCELLANEOUS
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

This Agreement is made in and shall be governed and construed by the laws of the State of New York, United States of America, without reference to conflicts of laws. If you access this site from locations outside New York or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of New York, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Online Application from locations where the Online Application’s contents may be unlawful is prohibited. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in New York, NY. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in New York, NY. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in New York, NY and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in New York, NY.

The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.

This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.

REVISIONS TO THIS AGREEMENT
The Host and/or its licensors may revise this Agreement at any time without notice by updating this posting. By using this Online Application you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current terms and conditions of use to which you are bound.