Last updated: January 1, 2019
PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS. IN PARTICULAR, PLEASE READ THE SECTION TITLED GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION, WHICH REQUIRES ALL DISPUTES TO BE SETTLED BY INDIVIDUAL BINDING ARBITRATION.
EXPRESS WRITTEN CONSENT (TCPA)
By initiating a conversation with the Service, opting-in with your name and phone number on our website, or signing up with your name and phone number at a physical location, you agree to receive up to 6 unsolicited text messages per month from Healthdesk, Inc. The content of these messages will contain information about club services, facilities, amenities, group fitness classes, personal training, merchandise, and special promotions available to you at your health and fitness club. Common inquiries that you submit will be handled by an artificially intelligent robot. When the robot is unable to automatically respond to your inquiry, a human will intervene and will sometimes respond manually.
Standard messaging and data rates may apply. To unsubscribe from receiving messages from us, text STOP. Text HELP for help. Text START to resubscribe at any time. Alternatively, you can request to unsubscribe from messages by emailing firstname.lastname@example.org.
USE OF CONTENT
PUBLIC FORUMS, COMMUNICATION AND USER CONTENT
“Public Forum” means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of the Service. The Service may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of Healthdesk’s or its Service Provider’s posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of Healthdesk and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by Healthdesk including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. Healthdesk reserves the right to remove or edit Content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion.
Healthdesk is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. Healthdesk reserves the right to terminate your ability to access any of Public Forum for any reason and without notice.
By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Healthdesk and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant both Healthdesk and its Service Providers a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other websites that make use of services provided by Healthdesk’s Service Providers. You warrant that all so-called “moral rights” in those materials have been waived.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
WITHOUT LIMITATION OF THE FOREGOING, HEALTHDESK DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.
PRIVACY ON THIRD PARTY SITES
The Service may contain links to any number of other websites, including links to various third party service providers, used for the purposes of providing information or processing your requests. Healthdesk is not responsible for the privacy practices or the content of any of those websites. Please check those websites for privacy policies and read them thoroughly prior to using their website.
COPYRIGHT INFRINGEMENT NOTIFICATIONS
If you are a copyright holder and believe that material directly available via the Service infringes your copyrighted work, please let us know by sending a notice with the following information addressed to 3395 Michelson Drive APT 4107, Irvine, CA 92612:
- the copyright work alleged to have been infringed;
- the allegedly infringing material and information reasonably sufficient to help us locate the material on the Service;
- your contact information, including at least your complete name, address, phone number and e-mail address;
- a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
- your physical or electronic signature.
Our providing of information for purposes of remedying potential copyright infringements shall not be construed as an admission of liability on the party of Healthdesk.
THIRD PARTY PRODUCTS, ADVICE AND SERVICES
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Service. We make no representations, warranties or conditions regarding the offerings of any third party. Further, we do not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. We do not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party. Healthdesk and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.
We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes.
Merchant and service availability, price and time-related information appearing on the Service are subject to change. Healthdesk is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Service before acting in reliance on such terms.
Third-party products and services represented on the Service are not necessarily endorsed or recommended by Healthdesk and Healthdesk disclaims all responsibility regarding the performance or the use of third-party products and services. Healthdesk does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Service.
THE MATERIALS ON AND AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEALTHDESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTHDESK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALTHDESK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HEALTHDESK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to indemnify and hold Healthdesk (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Service.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HEALTHDESK BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICE, EVEN IF HEALTHDESK OR A HEALTHDESK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HEALTHDESK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.
HEALTHDESK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS 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, Healthdesk makes no representations or warranties about the following:
- The Content provided on or through the use of the Service.
- 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 on the Service.
HEALTHDESK IS NOT A HEALTH CARE PROVIDER OR HEALTH PROFESSIONAL
The Content of the Service are for informational purposes only. The Service is designed to help you stay in the know about services and amenities available to you at your health and fitness club. The Content is not intended to be a substitute for professional health or medical advice, diagnosis, or treatment or recommendation regarding medication. 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 the Service!
If you think you may have a medical emergency, call your doctor or 911 immediately. The Service does not endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Content. Reliance on any information provided by the Service is solely at your own risk.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
These Terms will be governed by the laws of the State of California, United States, without regard to conflict-of-law principles. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in Orange County, CA.
If you believe you have a dispute or claim against us arising out of your use of the Service or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If we are unable to resolve your concerns informally within 30 days after our receipt of your notice, you may file a claim in small claims court so long as you proceed only on an individual basis or commence an arbitration proceeding, which means YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT, HAVE A JURY TRIAL AND LEAD OR PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the avoidance of doubt, you agree that YOU MAY ONLY BRING CLAIMS AGAINST HEALTHDESK IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, you agree that no arbitrator shall consolidate any other person’s claims with your claims and may not otherwise preside over any form of a multi-party or class proceeding. You agree that the award of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction in the State of CA. You agree that we may seek interim or preliminary relief from a court of competent jurisdiction in CA, necessary to protect its rights or property pending the completion of arbitration.
You must file a demand for arbitration with the AAA within ONE (1) YEAR after the date your claim arose, or within the shortest time period permitted by applicable law. Otherwise, your claim is waived.
INTERNATIONAL USERS AND VISITORS
If you are accessing or using the Service from a jurisdiction outside of the United States, you understand and agree that such access and use shall be governed by these Terms and United States law.
By using the Service you represent and warrant that you are 18 years of age or older. Your account may be terminated without warning if we believe that you are under 18 years of age.
The Service is intended for use by adults. We do not collect any personally identifiable information from any person that are known to be under the age of thirteen (13) without permission from a parent or guardian. If we learn that we have collected personally identifiable information from a child under the age of thirteen (13), we will delete that information as quickly and as completely as possible.
Your browser may permit, or may even default, to transmitting a “Do Not Track” header to websites and online services you visit. There is currently no industry standard for what a website can, or should, do when a user transmits such a header. As a result, the Service, along with most other sites, does not recognize or modify its behavior as a result of the receipt of a “Do Not Track” header.
These Terms may be subject to change; the result of any change will be reflected on these pages.