Effective Date: March 1, 2017
Last Updated: Aug, 2020
This Site has been created by the Companies to provide information about health care and is for general informational purposes regarding health care that should never be construed as specific instructions for individual patients. Nothing on this Site is intended to substitute for proper medical advice, diagnosis, or treatment. This Site is not intended and must not be interpreted as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.
Permitted Use of this Site
Restrictions on Access to and Use of this Site
Copyrights, Trademarks and Other Proprietary Rights
You understand that Eden Health and its licensors retain all ownership rights in this Site (including all Content). All trademarks, service marks and trade names are owned by Eden Health or other respective owners.
The entire content of this Site, including, but not limited to, text, design, software, photography, video, graphics, sound and information (collectively, the “Content”) and the selection, coordination, arrangement, and enhancement thereof and this Site, are protected under the copyright laws of the United States (“US”), international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all Content).
This Site may contain or reference patents, technologies, products, or other proprietary rights of Eden Health, its third party vendors and other third parties. Nothing on this Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Eden Health, any of its third party vendors or other third parties.
The submission of any the following is prohibited: protected health information, confidential information, offensive or misleading content, any photographs or other graphic content.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting the Companies at Eden Health, 108 Reade Street, Suite 4F
New York, New York 10013.
We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND CONTENT (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANIES AND APPLICABLE LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, THE COMPANIES AND APPLICABLE LICENSORS DO NOT WARRANT THAT THIS 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 OR CODE. ANY MATERIAL OBTAINED THROUGH THE USE OF THIS SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
The Companies control this Site from offices within the US, and your data is stored by third-party providers in the US. The Companies make no representation that this Site is appropriate, or is available for use outside the US. Access to and use of this Site where the Content or access or use of this Site is illegal is prohibited. Those who choose to access and use this Site from outside the US do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANIES NOR APPLICABLE LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR CONTENT OR ANY SITE OR CONTENT LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU MAY HAVE OTHER RIGHTS UNDER THE TERMS OF SERVICE IF THEY APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, claims or controversies (collectively “Disputes”), will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions.
All disputes will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). claim or controversy “
Links to or from Third Party Web Sites
We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from this Site. No web sites that link to this Site may frame or otherwise incorporate the Content on this Site.
We may terminate your access to and use to the Site, at our sole discretion, at any time and without any notice to you.
Waiver and Severability