Terms and Conditions

Please read the following terms and conditions carefully.

Health Design Plus, Inc. (“HDP”) is providing this website and/or mobile application (collectively, the “Site”) under the following Terms and Conditions. By using this Site you agree to be bound by these Terms and Conditions and the HDP Privacy Policy. If you do not agree with these Terms and Conditions or the Privacy Policy, please do not use the Site. HDP reserves the right to revise, modify or amend these Terms and Conditions or the Privacy Policy at any time by updating this posting and you agree to be bound by such revision, modification or amendment.

Copyright

All material on this Site, and the files associated with it, are copyrighted by HDP or by the original creator of that material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this site is in the public domain. You may download, copy, reproduce, redistribute, republish, display, post, or transmit material on this Site only if expressly permitted, and then only the designated material. HDP in no way represents or warrants that your use of materials displayed on this Site does not infringe the rights of third parties.

 

Restrictions on Use

Unless specifically stated otherwise, all information and material in this Site is made available only for the purpose of providing information about HDP. Information and material from this Site are only to be used for lawful purposes. Information and material from this Site and any other website owned, operated, licensed, or controlled by HDP or any of its related or affiliated companies may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of HDP EXCEPT as expressly permitted in this paragraph. Modification or use of the information or materials for any other purpose violates the intellectual property rights of HDP.

Any content and/or opinions expressed in this Site, including without limitation, message boards, articles and responses to questions are solely the opinions and responsibility of the person or entity named as the author and do not necessarily reflect the opinions of HDP. You also understand and acknowledge that you are responsible for the content of any message that you post to this Site.

You agree that you will not include in your message any content that is unlawful, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, ethnically, racially or otherwise offensive or illegal or that infringes any intellectual property right of a third party. You further agree that you will not misrepresent an affiliation with any person or organization. You agree that you will not include in your message any software, files or links to other sites or content that you are under a contractual obligation to keep private.

We reserve the right to monitor any and all messages sent to or through this Site and to refuse to post any message that we, in our sole discretion, view to be in violation of these Terms and Conditions or otherwise inappropriate. We also reserve the right, in our sole discretion, to revoke the use privileges of any user who violates our Terms and Conditions.

 

Specific Disclaimer Concerning Medical Information

Information and materials provided in this Site are for informational purposes only. This Site is not a substitute for medical advice and should not be used for treating a disease or other health problem. All medical information presented should be discussed with your healthcare professional. Always seek the advice of your physician or other qualified healthcare provider prior to making any treatment or other medical decisions.

 

Submissions

All remarks, suggestions, materials and ideas communicated to HDP through this Site, including data, questions, comments, suggestions, or the like (together, the “Submission”), is, and may be treated as, non-confidential and nonproprietary, and such Submission becomes the property of HDP and, if applicable, you agree that all intellectual property rights therein are transferred to HDP. You acknowledge that you are responsible for whatever material you submit, and you, not HDP, have full responsibility for the message, including its legality, reliability, and appropriateness. Anything you transmit or post becomes the property of HDP and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, HDP is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the site, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. If you transmit such information, while we will not intentionally release it or make it public, we cannot assure you that the information will be kept private. WE URGE YOU NOT TO SEND SUCH INFORMATION BY E-MAIL OR OTHER FUNCTIONALITY AVAILIBLE THROUGH THIS SITE.

Notwithstanding the foregoing, if you use the “Contact Us” functionality available through the Site, you acknowledge and agree that any Submissions through the “Contact Us” functionality will be treated as confidential and subject to the HDP Notice of Privacy Practices. HDP agrees to maintain any Submissions through the “Contact Us” functionality in compliance with its legal obligations pursuant to all applicable privacy laws, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended from time to time, and its implementing regulations. All other Submissions may be treated as non-confidential and nonproprietary as described above.

 

Links

This Site may be linked to other sites which are not maintained by HDP and which may have different terms of use. HDP has not reviewed all of the sites linked to this website. HDP is not responsible for and makes no representations regarding the content of any off-site pages or any other sites linked to this website. The inclusion of any link to such sites does not imply endorsement or affiliation of those sites with HDP.

 

Disclaimer

The information and materials in this Site could include technical inaccuracies or typographical errors. HDP may make changes or improvements at any time. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HDP DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HDP DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HDP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF INFORMATION OR MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

 

Limitation of Liability

HDP WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ON-LINE FAILURE. HDP WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION OR MATERIALS IN THIS SITE EVEN IF THERE IS NEGLIGENCE BY HDP OR AN AUTHORIZED HDP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. HDP’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE, IF ANY.

 

Privacy Policy

The HDP Privacy Policy is available through the Site and is hereby incorporated as a part of these Terms and Conditions.  By using the Site, you agree to the terms of the HDP Privacy Policy which governs the use and disclosure of your personal data and inforamtion.

 

Miscellaneous

HDP controls and operates this Site from its headquarters in Hudson, Ohio, USA and makes no representation that the information and materials on this Site are appropriate or comply with the laws of other States or that of any foreign country. These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Ohio, USA, regardless of conflicts of laws. You agree that any action at law or equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cuyahoga County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities in the sole discretion of HDP. These Terms and Conditions contain the entire agreement between the parties relating to the use of this Site. The HDP Site may describe products and services which are not available worldwide.

YOU ACCEPT THESE TERMS BY USING THIS SITE.