Contact us: info@healthywny.com

HEALTHYWNY.COM TERMS AND CONDITIONS OF USE

Please carefully read these terms and conditions of use (“Terms of Use”), including our Privacy Policy, before using the HealthyWNY.com website (the “Website”), HealthyWNY.com social media websites (in addition to any terms and conditions of such social media websites), mobile apps, any of our online products or online services, or any other HealthyWNY.com products or services (collectively the “Services”). IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OF USE, AS THEY MAY BE AMENDED FROM TIME TO TIME, OR ARE NOT SATISFIED FOR ANY REASON, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USING THE SERVICES.

ACCEPTANCE OF TERMS AND CONDITIONS THROUGH USE

By accessing or using the Services, you (“User”) hereby acknowledge and agree that you have read, understand, and agree to be legally bound by these Terms of Use. The User is responsible for periodically reviewing the Terms of Use for applicable changes. We may change the Terms of Use at any time by posting revisions to the website, and your continued access or use of the Services indicates your agreement to the revised terms. IF YOU DO NOT AGREE TO ANY AND ALL TERMS AND CONDITIONS IN THE TERMS OF USE, OR ANY REVISION THERETO, PLEASE EXIT THE WEBSITE AND STOP USING THE SERVICES IMMEDIATELY.

HealthyWNY.com, Inc. (“HWNY”) owns and operates the Services. HWNY reserves the right to change the Terms of Use without notice, effective immediately upon posting of said changes. HWNY or its directors, service providers, parents, affiliates, business associates, and agents may impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. HWNY may also terminate your use of the services at any time in its sole discretion.

USE OF SERVICES AND OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks, trade names, code, programming, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of HWNY or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. Copying of the Services or the Content or any portion, variations and derivatives thereof, reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part including without limitation, the display and distribution of the Content via a third party application or website, and disassembling, decompiling, reverse engineering or otherwise modifying the Content are all prohibited without HWNY’s prior written approval.  

Except as expressly stated and agreed upon in writing by HWNY, no confidential relationship shall be established in the event that any User of the Services should make any oral, written or electronic communication to HWNY (such as feedback, questions, comments, suggestions, ideas, etc.). If HWNY requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), HWNY shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and HWNY shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to HWNY is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

HWNY is the owner of the trademark HealthyWNY.com

IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT USER’S USE OF HWNY’S WEBSITE, CONTENT, SERVICES, PROGRAMS, ADVICE OR CONSULTATION, FACILITIES, EQUIPMENT AND PREMISES INVOLVES RISK OF INJURY TO PERSONS AND USER ASSUMES FULL RESPONSIBILITY FOR SUCH RISKS. USER HEREBY RELEASES AND HOLDS HWNY, ITS DIRECTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, HARMLESS FROM ALL LIABILITY TO USER FOR ANY LOSS OR DAMAGE, AND FOREVER GIVES UP ANY CLAIM OR DEMANDS THEREFORE, ON ACCOUNT OF INJURY TO USER’S PERSON OR PROPERTY, INCLUDING INJURY LEADING TO THE DEATH OF USER, WHETHER CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF HWNY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, WHILE USER IS INVOLVED IN, IN, UPON, ABOUT, OR WHILE USING ANY HWNY WEBSITE, CONTENT, SERVICES, PROGRAMS, ADVISE OR CONSULTATION, FACILITIES, EQUIPMENT OR PREMISES. USER HAS READ, UNDERSTANDS, AND AGREES TO THIS RELEASE AND WAIVER OF LIABILITY.

DISCLAIMERS

User expressly agrees that use of the Services is at User’s sole risk and assumes full responsibility and all risks arising from use of the Services. Neither HWNY, its directors, parents, affiliates, employees, agents, service providers, third party information providers, licensors or the like, warranty that the Services will be uninterrupted, secure, or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, security or content of any information or Service contained in or provided through the Services. HWNY reserves the right to make additions, deletions, or modifications to the Services and/or Content at any time without any prior notification.

The Services, all Content and information provided therein, and all downloadable software is provided on an “as is”, “as available” basis without warranties of any kind, and may include technical inaccuracies or typographical errors.

HWNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE WEBSITE OR PROVIDED BY THE SERVICES. HWNY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL HWNY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE SERVICES AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER HWNY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. NO ORAL ADVISE OR WRITTEN INFORMATION GIVEN BY HWNY, ANY OF ITS DIRECTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS; LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT HWNY IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES HWNY FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

ADDITIONAL USER CONDUCT GUIDELINES

The User agrees not to impede or inhibit any other authorized User from using and enjoying the Services. You agree not to disrupt or interfere with the security of, or otherwise abuse the Services, system resources, accounts, servers or networks connected to or accessible through the Services or any linked affiliate websites or services . The User agrees not to: upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another’s account, service or system, or link to another site, without authorization from HWNY, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, or junk mail or other types of unsolicited mass e-mail to people or entities.

HWNY reserves the right to remove any content that in its sole discretion believes is defamatory, illegal, offensive, infringing, or otherwise, as may be permitted under the Digital Millennium Copyright Act or other applicable law. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution to the fullest extent of applicable federal and state laws.

LIMITATION OF LIABILITY

HWNY does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the Services. Reliance on these materials, information and opinions is solely at the User’s risk. HWNY DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, OR THE CONTENT.

THIS HWNY WEBSITE, THE WEBSITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT, INCLUDING NEGLIGENCE BY HWNY, SHALL HWNY, ITS DIRECTORS, PARENTS, AFFILIATES, EMPLOYEES, AGENTS, OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDER, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE CONTENT, OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, ECONOMIC, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INABILITY TO USE THE SERVICES, INTERRUPTION IN SERVICE, USE OF THE SERVICES, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OMISSIONS OR OTHER INACCURACIES IN THIS WEBSITE OR CONTENT, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, THEFT OR DESTRUCTION, AND WHETHER OR NOT HWNY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

APPLICABILITY TO APPS

All of these Terms and Conditions apply to HWNY apps; past, current, or future. Use of HWNY apps is also at your own risk. They may be provided as a service to our Users without charge, and we disclaim any and all responsibility for them. We do not screen our Users and it is each User’s sole responsibility to decide whom to meet or trust with your personal information. HWNY does not provide contact details to other Users through any apps and instead route messages through HWNY. If at any time you wish to stop receiving messages from another User through one of our apps, you can just “block” them. You can also report threats, abuse or any other inappropriate conduct by contacting

info@Healthywny.com.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless, HWNY, its directors, parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of these Terms and Conditions by the User. HWNY reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by User, in which event User will fully cooperate with HWNY in asserting any available defenses.

THIRD PARTY LINKS AND SITES

The Services may contain links to other Internet websites, resources and /or sponsors of the Services. HWNY does not verify, warrant, endorse, or take responsibility for the availability, accuracy, effectiveness, timeliness, completeness, suitability or quality of the content obtained from third parties or contained in these outside websites. Providing links to outside websites does not constitute HWNY’s approval of the content, services, products, policies or practices of the other websites. Such information should, therefore, be considered as suspect and is not endorsed by HWNY. It is the User’s responsibility to review the terms and conditions of use and privacy policies posted on the outside websites or third party resources before using them.

In order to identify third party websites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between HWNY and the third party or by usage guidelines and policies set forth by the third party.

OPT OUT OF RECEIVING FURTHER WEB BASED MARKETING

You can choose to be removed from web-generated marketing lists that HWNY may utilize at any time. Each unsolicited commercial e-mail includes instructions for opting out of further e-mail marketing communications. In addition, you can opt out of HWNY’s marketing e-mail or print mail by sending an e-mail with “remove” in the subject line to info@HealthyWNY.com. To opt out by mail, please send your name, company, e-mail address and physical mailing address with “remove” in the subject line to HealthyWNY.com, 1451 Lake Rd., Youngstown, New York 14174.

CHANGES TO THE PRIVACY POLICY

If there are changes or updates to HWNY’s online Privacy Policy, HWNY will post those changes and update the revision date on this document, so Users will always know what information we collect online, how we use it, and what choices you have. For material changes to the Privacy Policy, HWNY will provide notification to the Users of the Services. HWNY will not apply changes to how personally identifiable information is used or disclosed to information already collected absent consent, except as permitted by applicable law.

OTHER

You agree that these Terms of Use describes the entire agreement between us with respect to its subject matter. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York and the federal laws of the United States of America. Users agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Buffalo, New York for any disputes arising from or related to the Services or these Terms of Use. These terms and conditions are not intended to alter the terms of conditions of any other agreement you may have with HWNY or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, that provision shall be deemed severable from the Terms of Use and shall not affect the validity or enforceability of any of the remaining provisions. These Terms of Use may not be altered by action, inaction, or course of dealing between the parties. These Terms of Use may only be altered by a written agreement between HWNY and the User or by HWNY posting revisions to or on the Services. Failure by HWNY to object to a User’s behavior, conduction or action does not constitute a consent, ratification or waiver of objection. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to HWNY or these Terms of Use more than one (1) year after such claim or cause of action arose.

QUESTIONS

If you have any questions regarding HWNY’s Terms of Use, please write to HWNY at:

HealthyWNY Inc.

1451 Lake Road Youngstown, New York 14174

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