PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING, REGISTERING TO USE OR USING THIS WEBSITE, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE.
HealthToday.com is owned and operated by Taste Show Inc, a New York corporation (“HealthToday”).
ENTIRE AGREEMENT. This Agreement comprises the entire agreement between User and HealthToday, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein HealthToday (including but not limited to any prior versions of this Agreement). By using our Services, including the Sites, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement and all applicable laws, rules, and regulations.
DESCRIPTION OF SERVICE. HealthToday provides its Sites, including all information, videos, images, tools, commenting and linking publishing capabilities, and all other services available made available by us to Users through our Sites (collectively, the “Services”). Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to this Agreement.
CONTENT OWNERSHIP. The content on the HealthToday website, including but not limited to, photos, articles, and site layout, as well as all logos of the HealthToday appearing on the HealthToday website (the “Site Content”), are the exclusive property of HealthToday and are protected by copyright and trademark law. HealthToday grants you a non-exclusive license to display the Site Content on your personal devices. Commercial use of the Site Content is prohibited. Unless stated otherwise on the HealthToday website or in these Terms & Conditions, the User will retain copyright ownership and all related rights for information he or she authors and publishes through HealthToday or otherwise enters into the HealthToday Services. In exchange for the publishing services provided by HealthToday, the User agrees to grant a perpetual, worldwide, non-terminable license to HealthToday to use all content the User publishes through HealthToday without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the HealthToday name in commercial activity without prior written consent of HealthToday. You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) you provide to us through our Services are not confidential, and become our sole property. HealthToday reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.
CONTENT RESPONSIBILITY. We reserve the right to modify and update the Site Content or Services at any time, including to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You acknowledge and agree that HealthToday neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby. You agree that Comments provided to HealthToday will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. HealthToday does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. HealthToday’ inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.
USER CONDUCT. You understand that all information, data, links, text, software, music, sound, photographs, graphics, video, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not HealthToday, are entirely responsible for all User Content that you upload, post, or otherwise transmit via the Services. Relatedly, you acknowledge that any and all material uploaded, posted, provided, or otherwise transmitted via the Services by HealthToday, other Users, or by third parties remain the property of HealthToday, the other Users or of those third parties, respectively, and that you may make no claim of ownership to such material. HealthToday does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable.
You agree to not use the Services to:
- upload, post, or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, damaging to Falun Dafa or its practitioners, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an HealthToday official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit or obtain another User’s login credentials to our Services, or attempt to use another User’s account without their permission.
- upload, post, or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, or otherwise transmit any false or misleading information;
- upload, post, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, or otherwise transmit any material that contains software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of our Services or any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- circumvent the security features of the Services or any related Sites, or access any Services or features of the Sites that we have not authorized you to access; reverse engineer or duplicate any functionality of our Services;
- collect or track the personal information of others;
- spam, phish, pharm, pretext, spider, crawl, or scrape;
- intentionally or unintentionally violate any applicable local, state, national, or international law, regulation, or ordinances, including, but not limited to, the regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability any other person;
- collect or store personal information about other users; or
- promote or provide instructional information about, or solicit others to perform or
- participate in any illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
We reserve the right to terminate any User’s use of HealthToday’ Sites or Services for engaging in any prohibited conduct.
PAYMENTS AND REFUND. These payment terms apply to your purchase and you agree to them:
- Charges. If there is a charge associated with your subscription or a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.
- Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the website at: “My Account / Subscription / Payment Method”. Additionally, you agree to permit The HealthToday to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions.
- Billing. By providing The HealthToday with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize The HealthToday to charge you for the Services using your payment method; and (iii) authorize The HealthToday to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed. Recurring Payments. When you purchase the Services on a subscription basis (trial, monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to The HealthToday by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by The HealthToday. You must cancel your Services before the next billing date to stop being charged to continue your Services. By authorizing recurring payments, you are authorizing The HealthToday to store your payment instrument and process such payments. Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, The HealthToday reserve the right to collect any applicable payment, return item, rejection or insufficient funds fee.
- Refund Policy. All purchases are final and non-refundable. No exceptions. You may notify The HealthToday of your intent to terminate your Account at any time; your cancellation will become effective at the end of your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; no exception. However, your use of the Services and benefits will continue for the remainder of the current billing period unless you request an immediate termination. If you believe The HealthToday has charged you in error, you must contact us within 30 days of such charge. We reserve the right to issue refunds or credits at our sole discretion. No refunds will be given for any charges more than 30 days old.
PROMOTING PRODUCTS ON HealthToday. If You promote, market, or otherwise advertise (“Promote” or a “Promotion”) any product or service via any online or offline channel or medium for the purpose of earning a percentage of the sale price of any product or service (“Product”) sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent, and warrant that:
- You will not suggest or imply any endorsement by HealthToday, its contributors, or sponsors for the Product.
- You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (“IP Rights”).
- You will not interfere with HealthToday’ tracking of visits, page views, click throughs, or with the normal flow of traffic to, through, or from the HealthToday Services.
- All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all S. federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
- You will not offer, suggest, or imply the availability of any rebates, coupons, tickets, vouchers, or similar incentives to induce or encourage the purchase of a Product. HealthToday reserves the right, but not the obligation, to review your Promotions as they appear on our Sites and Services. You agree that HealthToday, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support, or other items related to the content of Your Promotions. HealthToday may remove your Promotion at any time from its Service by refunding any fees paid for that Promotion.
- You will provide valid contact information, including but not limited to a working email address, where HealthToday can send inquiries and receive a non-automated reply by end of the following business day.
- HealthToday does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by HealthToday does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered in any Promotions. Your use of any information presented by a Promoter is strictly at your own risk. In no event shall HealthToday have any liability for your purchase or use of a Product or Service Promoted on HealthToday.
- Promotion is voluntary, and your reliance is at your own risk. HealthToday does not independently review or verify information provided in any Promotion for accuracy, completeness, efficacy, or timeliness. You acknowledge and understand that HealthToday does not verify statements, claims, incentives, or promotions made by Promotions.
We reserve the right to delete Promotions at our sole discretion without previous notice to User. CONTENT SUBMITTED TO HealthToday. HealthToday does not claim ownership of the Content or links you place on your HealthToday page. HealthToday may quote or reproduce your Content (if you have made it public), in whole or in part, in order to promote your HealthToday page and/or the HealthToday Services. You acknowledge that HealthToday does not pre-screen Content or links, but that HealthToday and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, HealthToday and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.
INDEMNITY. You agree to indemnify and hold HealthToday, and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content or links, your use of the Services, your violation of this Agreement, or your violation of any rights of another.
NO RESALE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services. NUSER ACCOUNT, PASSWORD, AND SECURITY. Users have the option of creating an account with HealthToday to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with HealthToday, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time (to do so, go to the user profile menu option within your account); you may also set up a new account and close an old one at your convenience. You agree to immediately notify HealthToday of any unauthorized use of Your account or any other breach of security known to You.
TERMINATION. You agree that HealthToday, in its sole discretion, may terminate your password and use of the Services, and remove and discard any Content or link within the Services, for any reason, including, without limitation, for lack of use or if HealthToday believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. HealthToday may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that HealthToday may immediately deactivate or delete your HealthToday page and all related information and files in your HealthToday page and/or bar any further access to such files or the Services. Further, you agree that HealthToday shall not be liable to you or any third-party for any termination of your access to the Services. If you are subscribed to any of our Services, You may notify HealthToday of your intent to terminate your subscription at any time; your cancellation will become effective at the end of your current billing period and no future payments will be charged. No full nor partial refunds will be issued for the days between the termination and the end of the current billing period; however, your use of the Services and benefits subscribed to will continue for the remainder of the current billing period unless You request an immediate termination. If You terminate a “trial subscription”, the Services subscribed to will terminate immediately. Except otherwise provided by law, HealthToday does not accept notifications of cancellations by mail, chat or by any other means other than email to [email protected]. If You are resident of California, Maine, Vermont, New York, Delaware, Illinois, Colorado and Washington DC, You may cancel your subscription online at any time.
ADVERTISEMENTS AND PROMOTIONS. HealthToday runs advertisements and promotions on HealthToday Site pages. By creating your HealthToday page, you agree that HealthToday has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your HealthToday page by any means. The manner, mode, and extent of advertising by HealthToday on your HealthToday page is subject to change. We are not responsible for the content of any advertisement appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that HealthToday shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
HealthToday PROPRIETARY RIGHTS. You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HealthToday or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES. USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTHTODAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEALTHTODAY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. HEALTHTODAY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. HEALTHTODAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
STORAGE AND OTHER LIMITATIONS. HealthToday assumes no responsibility for the deletion or failure to store information entered into HealthToday. HealthToday retains the right, at HealthToday’ sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of this Agreement and may terminate Services if a User’s conduct is found to be inconsistent with this Agreement.
NOTICE. All notices to a party shall be in writing and shall be made either via email or conventional mail. HealthToday may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.
INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement will cause such damage to HealthToday as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that HealthToday shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by HealthToday in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
LAWS. This Agreement shall be governed by and construed in accordance with the laws of the state of New York. You and HealthToday agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within New York.
GENERAL INFORMATION. If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. HealthToday’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HealthToday in writing. User and HealthToday agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If HealthToday takes any action to enforce this Agreement, HealthToday, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which HealthToday may be entitled.
VIOLATIONS. Please report any violations of this Agreement to administrators at HealthToday.com via the email address [email protected]
COPYRIGHT AND TRADEMARK. Website copyright notice: Copyright (c) 2023 The Taste Show, Inc. All rights reserved.
This website is the copyrighted property of HealthToday and various third party providers and distributors (“Suppliers”).
HealthToday and HealthToday.com are a service marks of Health Today. Other product, service and company names used on this website are registered and common law trademarks of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks. Unauthorized use of this Web site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure, or obliterate any of such notices.
Notice of Infringement: We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see our Copyright Policy and Infringement Notification, which will inform you how to submit a notification by email, mail or by filling out and submitting the form provided.