Last updated July 27, 2023

HEALTHCREEKS.COM TERMS OF SERVICE AGREEMENT

PLEASE READ CAREFULLY

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT (“TOS”, “TERMS OF USE”, “TOU”, “TERMS”) CAREFULLY BEFORE USING THE [wpautoterms site_url] website (the “Service”) OPERATED BY [wpautoterms company_name] (“us”, “we”, or “our”). BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

 THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO ARE 18 YEARS AND OLDER. BY USING THE SERVICES, YOU WARRANT AND REPRESENT THAT YOU MEET THE REQUIRED ELIGIBILITY CRITERIA. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT ACCESS OR USE THE HEALTHCREEKS’ SERVICES.

THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF THE DATE IT IS POSTED ON THIS PAGE.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (“TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with HealthCreeks and our subsidiaries and affiliates, in association with the use of the HealthCreeks’ website, which includes Healthcreeks.com (the “Site”) and its Services, which shall be defined below.

By Using HealthCreeks’ service, you agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

HEALTH DISCLAIMER

This Site is For Informational Purposes Only and Does Not Provide Medical Advice.

THE CONTENTS OF HEALTHCREEKS’ WEBSITE OFFER HEALTH, NUTRITION, AND FITNESS-RELATED INFORMATION FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND DO NOT PROVIDE ANY PERSONAL MEDICAL ADVICE. IF YOU’RE HAVING ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY VISIT YOUR NEAREST EMERGENCY ROOM OR URGENT CARE CENTER, OR CONTACT YOUR LOCAL EMERGENCY SERVICES. ENDEAVOR TO CONSULT YOUR HEALTHCARE PROFESSIONAL FOR ADVICE ON ANY HEALTH CONDITION, PROCEDURE, TREATMENT, PRESCRIPTION MEDICATIONS, AND OVER-THE-COUNTER MEDICATIONS; VITAMINS, SUPPLEMENTS, OR HERBAL ALTERNATIVES. BEFORE STARTING ANY NUTRITION, DIET, EXERCISE, FITNESS, MEDICAL, OR WELLNESS PROGRAM, YOU SHOULD CONSULT YOUR MEDICAL PROFESSIONAL.

The contents of the HealthCreeks’ website promote wellness and healthy living among people through articles, papers, news, blogs, discussions, individual comments, opinions, contributions, and sharing of personal or individual experiences from those who may be healthcare professionals and/or non-healthcare professionals. The information provided on this site should not in any way substitute nor replace any professional medical advice, Diagnosis, or Treatment as relates to any health condition or procedure.

Should you have any concerns or Questions about your health or the Content of this Site with regards to your health, please always consult with the appropriate healthcare professional including your physician, etc. The information on this Site should not make you disregard, avoid, or delay obtaining professional medical or health-related advice from your physician or other healthcare professionals. Your access or use of this Site and the Services does not in any way represent or create physician/patient relationship, privilege, confidentiality, or any other relationship that would give rise to any duties on our part or the part of our Licensors.

For the purposes of this agreement, the practice of medicine and counseling includes but is not limited to, making diagnoses, providing medical treatment and prognosis, offering healthcare instructions or advice, psychiatry, psychology, psychotherapy, geriatrics, nutrition, and fitness counseling or advice. Nothing posted or stated on this site or available through our Service is intended to be the practice of medicine and counseling care and must not be taken so. The various developments in medical research may impact the health, fitness, and nutritional topics discussed on our Sites or through our Services and No assurance can be given that the information contained in the Sites, or the Services will always include the most recent findings or developments with respect to the material.

While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the posts or other content for any purpose. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.

We do not recommend or endorse any specific physicians, clinics, tests, procedures, opinions, products, or other information that may appear on our sites or services. Any mention in our publications or posts of a specific product or service, or recommendation from an organization or professional society, does not represent an endorsement by HealthCreeks of that product, service, or expert advice. We encourage you to talk to your healthcare providers (doctor, pharmacist, etc.) about your specific health concerns and what may be best for your overall health.

HealthCreeks does not guarantee the effectiveness or safety of any products or treatments described on our website. Note that health conditions and drug information contained herein are subject to change and may not cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. If you rely on any of the information provided by this Site or Services, either through our employees, advertisers, guests, or visitors to our sites, in making any personal decisions, you do so solely at your own risk.

DESCRIPTION OF WEBSITE SERVICES OFFERED

Healthcreeks.com is a news and informational website where users obtain health news and information, and services that promote wellness and healthy living through articles, papers, blogs, discussions, and sharing of personal experiences and opinions. It covers a wide range of topics in diets/nutrition, exercise, education, spiritual aspects of health, and other lifestyles that impact health. HealthCreeks’ purpose is to promote a healthy lifestyle among people through better health information to produce healthy individuals and healthy communities.

All visitors to our site, whether registered or not, shall be deemed as “users” of the herein-contained services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications are the sole property of HealthCreeks. This may include but is not limited to some mobile applications and downloadable programs made available on various social media networking sites and other platforms.

At its discretion, HealthCreeks may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to all additional Services and/or products and any and all updated, modified, or revised Services unless otherwise stipulated. HealthCreeks does hereby reserves the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that HealthCreeks shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products.

Your continued use of the Services provided on this site, after posting any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.

Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith. Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided “AS IS” and as such HealthCreeks shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication or personalization settings.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age. The stated age is required to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving HealthCreeks’ Services under the laws and statutes of the United States or other applicable jurisdictions. When you register, we may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests. You can edit your account information at any time. Once you register with us and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands, and agrees to (a) Furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process; (b) Maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, HealthCreeks will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of HealthCreeks Services, or any portion thereof.

It is HealthCreeks’ priority to ensure the safety and privacy of all its visitors, users, and members, especially children. Therefore, it is for this reason that the parents of any child under the age of 18 that permit their child or children access to the HealthCreeks website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by HealthCreeks’ Online Privacy Policy (Full Privacy at Privacy Policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by HealthCreeks and/or our subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify HealthCreeks immediately if you notice any unauthorized access or use of your account or password or any other breach of security. HealthCreeks shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of HealthCreeks Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by using our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by HealthCreeks.

Furthermore, you herein agree not to make use of HealthCreeks Services for the purpose of:

• Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
• Causing harm to minors in any manner whatsoever.
• Impersonating any individual or entity, including, but not limited to, any HealthCreeks officials, forum leaders, guides, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity.
• Forging captions, headings, or titles or otherwise offering any content that you personally have no right to pursuant to any law nor have any contractual or fiduciary relationship with.
• Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
• uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship.
• uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose.
• uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment.
• disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions.
• interfering with or disrupting any HealthCreeks’ Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers.
• intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
• providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act.
• “stalking” or with the intent to otherwise harass another individual.
• collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

HealthCreeks herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS, or that would otherwise be considered offensive to other visitors, users, and/or members. HealthCreeks herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

(i) Compliance with any legal process; (ii) Enforcement of the TOS; (iii) Responding to any claim that therein contained content is in violation of the rights of any third party; (iv) Responding to requests for customer service; (v) Protecting the rights, property, or personal safety of HealthCreeks, its visitors, users, and members, including the general public.

HealthCreeks herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by HealthCreeks or any other content providers supplying content services to HealthCreeks. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether done so in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that by using HealthCreeks to send electronic communications, which would include but are not limited to, email, searches, instant messages, and uploading of files, photos, and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, by using our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and/or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. By using our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).

Furthermore, you state and pledge that:

1. You are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations.
2. You agree not to transfer any software, technology, or any other technical data through our network Services to any export-prohibited country.
3. You agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws.
4. You agree not to post, transfer, or upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

LOCATION ACCESS

HealthCreeks is based in Phoenix, Arizona, in the United States of America. We make no claims that the Content contents of HealthCreeks’ website are appropriate or may be downloaded outside of the United States. It may not be legal for certain people or persons in certain countries to access the content of this website. If you access the Services of HealthCreeks’ website from outside the United States, you do so solely at your own risk and are responsible for compliance with the laws of your jurisdiction.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

HealthCreeks shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for HealthCreeks the below listed worldwide, royalty-free, and non-exclusive licenses, as applicable:

• The content submitted or made available for inclusion on the publicly accessible areas of HealthCreeks’ sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of HealthCreeks’ sites and shall terminate at such time when you elect to discontinue your membership.
• Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of HealthCreeks’ sites, the license provided to permit to use, distribute,  reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of HealthCreeks’ sites and shall terminate at such time when you elect to discontinue your membership.
• For any other content submitted or made available for inclusion on the publicly accessible areas of HealthCreeks’ sites, the continuous, binding, and completely sub-licensable license is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.

Those areas which may be deemed “publicly accessible” areas of HealthCreeks’ sites are those such areas of our network properties that are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

COMMENTS AND CONTRIBUTIONS TO OUR WEBSITE

HealthCreeks provides an area for our users and members to contribute feedback to our website. When you submit ideas, comments, documents, suggestions, and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

• Your contributions do not contain any type of confidential or proprietary information.
• We shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions.
• HealthCreeks shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit.
• The contributor’s Contributions shall automatically become the sole property of HealthCreeks.
• HealthCreeks is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members herein agree to insure and hold HealthCreeks, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of HealthCreeks Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to HealthCreeks’ sites. The Contents and Services of HealthCreeks are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms of Use

USE AND STORAGE GENERAL PRACTICES

You herein acknowledge that HealthCreeks may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by HealthCreeks, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on HealthCreeks’ servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.

In addition, you also agree that HealthCreeks has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, HealthCreeks shall reserve the right to modify, alter and/or update these general practices and limits at our discretion. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate the ability to save your conversations in your account located on HealthCreeks’ servers. In this manner, you will be able to access and search your message history from any computer with internet access.

You also acknowledge that others have the option to use and save conversations with you in their own personal account on HealthCreeks. It is your agreement to this TOS which establishes your consent to allow HealthCreeks to store any and all communications on its servers.

CHANGES AND MODIFICATIONS TO TERMS

HealthCreeks shall reserve the right from time to time as it may deem fit, to modify, update, revise, alter, or supplement these Terms of Use, or impose new or additional Terms and Conditions on the services. When there are updates, revisions, supplements, modifications, and additional rules, policies, and terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”), such modifications will be effective immediately and hence incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to HealthCreeks’ Services. Your continued viewing or use of HealthCreeks’ website or its Services following such notice of changes will indicate that you accepted any and all such modifications or Additional Terms.

HealthCreeks reserve the right in its sole discretion to discontinue or terminate our services whether temporarily or permanently, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.

TERMINATION OF USERS ACCOUNT

As a member of HealthCreeks, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to support@healthcreeks.com. As a member, you agree that HealthCreeks may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:

• Any breach or violation of our TOS or any other incorporated agreement, regulation, and/or guideline.
• By way of requests from law enforcement or any other governmental agencies.
• The discontinuance, alteration, and/or material modification to our Services, or any part thereof.
• Unexpected technical or security issues and/or problems.
• Any extended periods of inactivity.
• Any engagement by you in any fraudulent or illegal activities.
• The nonpayment of any associated fees that may be owed by you in connection with your HealthCreeks account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with HealthCreeks shall include any and/or all of the following:

(a) the removal of any access to all or part of the Services offered within HealthCreeks; (b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; (c) the barring of any further use of all or part of our Services.

NOTICE ON DEALINGS WITH ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that HealthCreeks shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS TO THIRD PARTY SITES

Either HealthCreeks or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

AFFILIATE DISCLAIMER/DISCLOSURE

HealthCreeks is a participant in the amazon services LLC associates program, and some other affiliate advertising programs. Affiliate advertising program is designed to provide a means for sites to earn advertising fees by promoting and linking products and services to the affiliate partners sites. As an amazon associate, we may earn from qualifying purchases. Our posts and other content may contain affiliate links. This means that when you read our posts, click on the qualifying affiliate links, and make a purchase, we may earn commission from the sale and this is at NO extra cost to you. This practice is an acceptable way sites earn money from their created contents.

PROPRIETARY RIGHTS

All Contents and Services, except otherwise specified, that is publicly posted or privately transmitted, as well as all derivative works of HealthCreeks, are property owned, controlled, licensed, or used with permission by HealthCreeks, and/or its parents, subsidiaries and affiliates, or other parties that have licensed or otherwise permitted their material to be used by us.

You do hereby acknowledge and agree that HealthCreeks’ Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by HealthCreeks or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on HealthCreeks Services (e.g., Content or Software), in whole or part.

HealthCreeks herein has granted your personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.

Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by HealthCreeks for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. THE USE OF HEALTHCREEKS’ SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. HEALTHCREEKS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

1. HEALTHCREEKS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) HEALTHCREEKS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) HEALTHCREEKS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE HEALTHCREEKS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
2. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF HEALTHCREEKS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
3. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM HEALTHCREEKS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
4. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY OF HEALTHCREEKS AND ITS LICENSORS

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT HEALTHCREEKS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: (a) THE USE OR INABILITY TO USE OUR SERVICE; (b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; (d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; (e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release HealthCreeks (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from our Services concerning companies, stock quotes, investments, or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again.

In addition, for this particular information, the phrase “Let the investor beware” is appropriate. HealthCreeks’ content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. HealthCreeks and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by way of our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 THIRD-PARTY BENEFICIARIES

You herein acknowledge, understand, and agree unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE 

HealthCreeks may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand, and agree that all of the HealthCreeks’ trademarks, copyright, trade name, service marks, and other HealthCreeks logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of HealthCreeks. You herein agree not to display and/or use in any manner the HealthCreeks logo or marks without obtaining our prior written consent. HealthCreeks disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

HealthCreeks will always respect the intellectual property of others, and we ask that all of our users do the same. With regard to appropriate circumstances and at its sole discretion, HealthCreeks may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us with the following information:

– The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.

– A description of the copyrighted work or other intellectual property that you believe has been infringed upon

– A description of the location of the site which you allege has been infringing upon your work.

– Your physical address, telephone number, and email address.

– A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law.

– And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf. The HealthCreeks Agent for notice of claims of copyright or other intellectual property infringement can be contacted at email: support@healthcreeks.com

CLOSED CAPTIONING

BE IT KNOWN, that HealthCreeks complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at healthcreeks.com.

GENERAL INFORMATION

ENTIRE AGREEMENT AND SURVIVAL OF TERMS

This TOS constitutes the entire agreement between you and HealthCreeks, and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to HealthCreeks’ Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other HealthCreeks’ Services, affiliate Services, third-party content, or third-party software.

Any and All the provisions of this TOS survive the expiration or termination of this Terms of Use for any reason whatsoever.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and HealthCreeks with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and HealthCreeks, shall be filed within the courts having jurisdiction within the County of Maricopa, Arizona or the U.S. District Court located in said state. You and HealthCreeks agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.

NO WAIVER AND SEVERABILITY OF TERMS

At any time, should HealthCreeks fail, delay, or omit to exercise or enforce any right or provision of the TOS, such failure, delay, or omission shall not constitute a waiver of such right or provision, or right to subsequently enforce such a provision or any other provision of this Agreement.

If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

STATUTE OF LIMITATIONS

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, or the TOS must be filed within 2 years (s) after said claim or cause of action arose or shall be forever barred.

 VIOLATIONS

Please report any and all violations of this TOS to HealthCreeks at Email: support@healthcreeks.com

CONTACT US

Thank you for your maximum cooperation.  We hope you find our site very convenient and helpful. For questions, reports, complaints, or comments pertaining to our Services, including that of non-functioning links, please contact Us at Email: support@healthcreeks.com