The
following describes the Terms of Service Conditions of Use for our MyRealHealth.Com
website.
PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY
ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE. IF YOU DO NOT
UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY
THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE
AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER
CHANGES.
OUR
WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF
ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS MAKE NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
By using
this website, you agree to obey these Terms of Service and Conditions of Use.
Please read them carefully.
Our MyRealHealth division of BowMac Inc website (and other “internal” websites stemming from it,
such as specific membership sites or webpages pertinent to the main website or weblog) is an online (and, periodically,
offline) information service and is subject to your compliance with the terms
and conditions set forth below (all parts and parties collectively referred to
as our website).
Any other
policies, notices, or other legal/administrative pages contained in our website
are necessarily incorporated into these Terms of Service and Conditions of
Use. This may include, without limitation, a DMCA Policy, Privacy Policy,
Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.
You agree
to obey all applicable laws and regulations regarding your use of
our AZSocialMedia.Com website and the content and materials provided in
it.
Our
website is an independent, stand-alone entity that has no relationship,
connection, or affiliation whatsoever with any company, person, outfit,
organization, or group mentioned herein, even if such name appears in our
website name, domain, URL, or otherwise. You should assume no other
party, by mere mention of their name, has endorsed anything you see here.
The aim is simply to provide useful resources for our readers, some of which we
may be compensated for. You should simply assume at all times we are
being compensated and, while that may not prompt us to make unsound recommendations,
you should always be responsible for your own financial decisions, be it
investing, purchasing, donating, or otherwise.
1.
Copyright, Licenses and Idea/User Submissions.
The following describes the Copyright Notice for our website.
The
entire contents of our website are protected by intellectual property law,
including international copyright and trademark laws. The owner of the
copyrights and/or trademarks are our website, and/or other third party
licensors or related entities.
You do
not own rights to any article, book, ebook, document,
blog post, software, application, add-on, plugin,
art, graphics, images, photos, video, webinar, recording or other materials
viewed or listened to through or from our MyRealHealth division of BowMac Inc website or
via email or by way of protected content in a membership site. The
posting of data on our website, such as a blog comment, does not change this
fact and does not give you any right in the data. You surrender any
rights to your content once it becomes part of our website.
YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You must retain all copyright and other proprietary
notices contained in the original content on any copy you make of the
content. You may not sell or modify the content or reproduce, display,
publicly perform, distribute, or otherwise use the content in any way for any
public or commercial purpose. The use of paid content on any other
website or in a networked computer environment for any purpose is
prohibited. If you violate any of the terms or conditions, your
permission to use the content automatically terminates and you must immediately
destroy any copies you have made of the content.
You are
granted a nonexclusive, nontransferable, revocable license to use our website
only for private, personal, noncommercial reasons. You may print and
download portions of material from the different areas of the website solely
for your own non-commercial use, provided that you agree not to change the
content from its original form. Moreover, you agree not to modify or
delete any copyright or proprietary notices from the materials you print or
download. Also note that any notice on any portion of our website that
forbids printing & downloading trumps all prior statements and controls.
As a user,
you agree to use the products and services offered by our website in a manner
consistent with all applicable local, state and federal laws and
regulations. No material shall be stored or transmitted which infringes
or violates the rights of others, which is unlawful, obscene, profane, indecent
or otherwise objectionable, threatening, defamatory, or invasive of privacy or
publicity rights.
Our MyRealHealth.Com
website prohibits conduct that might constitute a criminal offense, give rise
to civil liability or otherwise violate any law. Any activity that
restricts or inhibits any other user from using the services of our website is
also prohibited. Unless allowed by a written agreement, you may not post
or transmit advertising or commercial solicitation on our website.
You agree
to grant to our website a non-exclusive, royalty-free, worldwide, irrevocable,
perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any public
areas of our website (such as bulletin boards, forums, blog, and newsgroups) or
by e-mail to our website by all means and in any media now known or hereafter
developed. You also grant to our website the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against our website for any
alleged or actual infringement or misappropriation of any proprietary right in
your communications to our website.
Trademarks
Publications, products, content or services referenced herein or on our
website are the exclusive trademarks or servicemarks of our MyRealHealth division of BowMac Inc website or related parties. Other product
and company names mentioned in our website may be the trademarks of their
respective owners.
Links to
Our Website
You may provide links to our website, provided you do not change, remove,
or obscure the copyright notice or other notices on our website. Your
website or other source of links must not engage in illegal or pornographic
activities. Finally, you may link provided you understand that you must
stop linking to our website immediately upon request by our website.
2. Use of
our website.
You agree, acknowledge, and accept that we are not trained professionals
and do not purport to render professional or expert advice in any arena.
Data
contained on or made available through our MyRealHealth.Com website is not
intended to be, and does not constitute, legal advice. Our website, and
your use of it, does not create an attorney-client relationship. We do
not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data
contained on or made available through our website is not intended to be, and
does not constitute, medical or health advice. Our website, and your use
of it, does not create a physician-patient relationship. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data
contained on or made available through our website is not intended to be, and
does not constitute, financial/investing advice. Our website, and your
use of it, does not create an advisor-client relationship. We do not
warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Your use
of our MyRealHealth division of BowMac Inc website or materials linked to our website is
completely at your own risk. You should not act or depend on any data on
our website, where applicable, without seeking the counsel of a competent
lawyer licensed to practice in your jurisdiction for your particular legal issues.
You should not act or depend on any data on our website, where applicable,
without seeking the counsel of a competent physician licensed to practice in
your jurisdiction for your particular medical issues. You should not act
or depend on any data on our website, where applicable, without seeking the
counsel of a competent financial advisor licensed to practice in your
jurisdiction for your particular financial needs and issues.
We may
make changes to the features, functionality or content of our website at any
time. We reserve the right in our sole discretion to edit or delete any
data appearing on our website.
Your Duty
To Other Users
Your use of our website is for your own personal, non-commercial
benefit. In no way are you to leverage our website in a way that mines
for the personal information of other, whether in blog comments or otherwise,
for your own use or for the benefit of others. This includes, but is not
limited to, spam (unsolicited commercial email).
If you
inadvertently obtain personal information about other users, you shall not
share this with anyone else.
Restricted
access
Access to certain areas of our MyRealHealth.Com website is
restricted. We reserve the right to restrict access to other areas of our
website, or indeed our whole website, at our discretion.
If we
provide you with a user ID (username) and password to enable you to access
restricted areas of our website or other content or services, you must ensure
that that user ID and password is kept confidential. You may not share your
user ID and/or password with anyone for any reason, either directly or
indirectly. You accept responsibility for all activities that occur under
your user ID or password.
We may
disable your user ID and password at our sole discretion or if you breach any
of the policies or terms governing your use of our MyRealHealth division of BowMac Inc website or
any other contractual obligation you owe to us.
Third-Party
Products/Services
You understand that, except for information, products or services clearly
identified as being supplied by our website, our website does not operate,
control or endorse any information, products or services on the Internet in any
way. Except for information identified by our website as such, all
information, products and services offered through our website or on the
Internet generally are offered by third parties that are not affiliated with
our website, and we may be compensated.
Viruses, etc.
You also understand that our MyRealHealth division of BowMac Inc website
cannot and does not guarantee or warrant that files available for downloading
through our website will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for
maintaining a means external to our website for the reconstruction of any lost
data.
Assumption
of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND
THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION “AS IS”
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER
AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW
ACCESS.
Limitation
of Liability
The content may contain inaccuracies or typographical errors.
Our MyRealHealth.Com website makes no representations about the accuracy,
reliability, completeness, or timeliness of the content or about the results to
be obtained from using our website or the content on it. Use of our
website and the content is at your own risk. Changes are periodically
made to our website, and may be made at any time.
OUR
WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR THAT OUR
WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR
CONDITIONS. IF YOUR USE OF OUR WEBSITE OR THE CONTENT RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR
THOSE COSTS.
Express
Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF OUR WEBSITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE
AGGREGATE LIABILITY FOR BOTH OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM
DERIVING FROM OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL
OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites.
Our website contains links to third party Websites. Our MyRealHealth division of BowMac Inc website makes no representations whatsoever about any other website which
you may access through this one or which may link to this website. When you
access a website from our website, please understand that it is independent
from our website, and that our website has no control over the content on that
website. These links are provided solely as a convenience to you and not as an
endorsement by our website of the contents on such third-party Websites.
Our website is not responsible for the content of linked third-party Websites
and does not make any representations regarding the content or accuracy of
material on such third party Websites. If you decide to access linked
third-party Websites, you do so at your own risk. We do not necessarily
endorse, recommend, suggest or otherwise make any overture or prompt for action
regarding any product or service offered. You should assume we are
compensated for any purchases you make. Again, any income claims should
be construed as atypical results and you assume the risk that inferior results
obtain, including losses, for which we carry no responsibility or liability.
User Submissions
As a user of our MyRealHealth.Com website, you are responsible for
your own communications and are responsible for the consequences of their
posting. You must not do the following things: post material that is
copyrighted, unless you are the copyright owner or have the permission of the
copyright owner to post it; post material that reveals trade secrets, unless
you own them or have the permission of the owner; post material that infringes
on any other intellectual property rights of others or on the privacy or
publicity rights of others; post material that is obscene, profane, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another user of
our website or any other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
Our
website does not represent or guarantee the truthfulness, accuracy, or
reliability of any communications posted by other users of our website or
endorse any opinions expressed by users of our website. You acknowledge
that any reliance on material posted by other users of our website will be at
your own risk.
Our MyRealHealth division of BowMac Inc website does not necessarily screen communications in
advance and is not responsible for screening or monitoring material posted by
users of our website. If observed by our website and/or notified by a
user of communications which allegedly do not conform to this agreement, our
website may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
Our website has no liability or responsibility to users of our website for
performance or nonperformance of such activities. Our website reserves the
right to expel users of our website and prevent their further access to our
website for violating this agreement or any law or regulation, and also
reserves the right to remove communications which are abusive, illegal, or
disruptive.
Social
Media Warning (Divulgence of Personal & Private Information)
Social media has provided a platform for internet users to disclose much personal information about themselves, in a way that
seems innocuous, if not proper and expected. However, more than a few
folks have already lived to regret personal information that was shared either
by them or others. This has long been true of simple email. It is
exponentially true of social websites and applications for social media on any
other website, including this one. You are cautioned against carelessly
disclosing information.
3.
Indemnification.
You agree to indemnify, defend and hold harmless our MyRealHealth division of BowMac Inc website, its members, officers, directors, employees, agents, licensors,
suppliers and any third party information providers to our website from and
against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any use of our website or violation of this
Agreement (including negligent or wrongful conduct) by you or any other person
accessing our website.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of our website and its owners, officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its/their own behalf.
5.Term; Termination.
We reserve the right to investigate complaints or reported violations of
these Terms of Service and Conditions of Use and to take any action we deem
appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any data necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, IP addresses and
traffic data.
This Agreement, in whole or in part, may be terminated by MyRealHealth division of BowMac Inc without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney /
No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any
termination of this Agreement, in whole or in part.
6. Hiring
an Investment Advisor, Attorney, or Medical or Other Professional / No
Attorney-Client Relationship or Fiduciary Capacity.
Choosing a lawyer, doctor, or investment advisor is a serious matter and
should NOT be based solely on data contained on our website or in
advertisements.
The law is
constantly changing and the data may not be complete or accurate depending on
your particular legal issue. Each legal issue depends on its individual
facts and different jurisdictions have different laws and regulations.
This is why you should seriously consider hiring licensed, professional counsel
in your jurisdiction.
Medical
issues are complex, and can often stem from both organic and psychological
factors. Never should a website be used as a source of diagnosing or
treating medical problems.
Financial
matters are highly individualistic. Risk tolerance is just one factor to
consider before making any investments or financial decisions. For these,
and other, reasons, you should look to the guidance of a trained professional,
not a website.
You may
send us email, but in no instance will this communication in any way be construed
as initiating an attorney-client relationship, or other professional
relationship, and so the contact should not include confidential or sensitive
data because your communication will not be treated as privileged or
confidential.
7.Miscellaneous.
Governing
Law
This Agreement shall treated as though executed, set in force, and
performed in the State of Arizona. Accordingly, it shall be governed and
construed in accordance with the laws of Arizona in terms of those applicable
to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our MyRealHealth.Com
website must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the
limitations set forth in these Terms of Service and Conditions of Use.
Any legal claim arising out of or relating to these Terms of Service and
Conditions of Use or our website, excluding intellectual property right
infringement and other claims by us, shall be settled confidentially through
mandatory binding arbitration per the American Arbitration Association
commercial arbitration rules. The arbitration shall be conducted in
Arizona. Each party shall bear one half of the arbitration fees and costs
incurred, and each party shall bear its own lawyer fees. All claims shall
be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade
practice shall act to modify any provision of this Agreement.
Assignability
Our website may assign its rights and duties under this Agreement to any
party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be
interpreted as to its fair meaning and not strictly for or against any
party. Any rule of construction to the effect that ambiguities are to be
resolved against the drafting party (i.e. – “contra preferentum”)
shall not apply in interpreting these Terms of Service and Conditions of Use,
as the Agreement shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held
invalid or unenforceable, that portion shall be construed as much as possible
consistent with applicable law and severability shall apply to the remaining
portions, so that they remain in full force and effect.
This
Agreement Prevails
To the extent that anything in or associated with our website is in
conflict or inconsistent with these Terms of Service and Conditions of Use,
these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and
Conditions of Use shall not be deemed a waiver of the provision nor of the
right to enforce the provision.
Our rights
under these Terms of Service and Conditions of Use shall survive any
termination of this agreement.
Any rights
not expressly granted herein are reserved to MyRealHealth division of BowMac Inc
CHANGE
NOTICE:
As with any of our administrative and legal notice pages, the contents of this
page can and will change over time. Accordingly, this page could read
differently as of your very next visit. These changes are necessitated,
and carried out by MyRealHealth division of BowMac Inc, in order to protect you and
our MyRealHealth.Com website. If this page is important to you, you
should check back frequently as no other notice of changed content will be
provided either before or after the change takes effect.
COPYRIGHT
WARNING:
The legal notices and administrative pages on this website, including this one,
have been diligently drafted by an attorney. We at MyRealHealth division of BowMac Inc have paid to license the use of these legal notices and
administrative pages on MyRealHealth.Com for your protection and
ours. This material may not be used in any way for any reason and
unauthorized use is policed via Copyscape to detect
violators.
QUESTIONS/COMMENTS/CONCERNS:
If you have any questions about the contents of this page, or simply wish to
reach us for any other reason, you may do so by using our Contact information.
Victoria Bowmann
Health and
Beauty Services and Products
MyRealHealth division of BowMac Inc
Phone
– 602.971.8392
Fax
– 800.710.2786
Mailing
Address Only
2007 W
Waltann Lane
Phoenix AZ 85023