Please refer to these Terms of Service when using Health Desk. Browsing, accessing, crawling, or scraping Health Desk constitutes use and indicates agreement with these terms of service, as well as our privacy policy and any other guidelines listed on Health Desk. These guidelines are collectively considered the Terms of Service.
BY ACCESSING, BROWSING, SCRAPING, OR CRAWLING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF SERVICE THAT ARE OUTLINED IN THIS SECTION. PLEASE TAKE TIME TO REVIEW THEM, AND HALT USE OF THE SITE SHOULD YOU FIND THAT YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THE TERMS OF SERVICE.
- Definitions.
- Any of the following activities may be considered "use" of Health Desk: browsing, accessing, scraping, or crawling. Other activities not specified here may also constitute use. "You" and "Your," as used within the context of these Terms of Service, refers to you the user, while the terms "We" "Us," and " Health Desk" refers to Health Desk Inc.
- "Content" refers to any form of data or communication, including, but not limited to, text, images, photos, video, and audio. Any content you submit, including but not limited to ratings, reviews, compliments, invitations and information displayed as part of your profile is referred to as "Your Content." Any content submitted or made available by Users is referred to as "User Content.". Any content created or made available by Health Desk is referred to as :Health Desk Content."Any content created and posted by data providers who license data to Health Desk for use on the site, or other parties other than Health Desk or users, is referred to as "Third Party Content." Your Content, User Content, Third Party Content, and Health Desk content is all referred to as "Site Content."
- Eligibility.
Site users must be at least 18-years-old and a United States resident. If you do not meet these user eligibility requirements, you are prohibited from using Health Desk. Users who are accessing or posting content to Health Desk for a company, entity, or organization must be authorized representatives. These users agree to bind the company to the Terms of Service and that they have the authority to do so.
- Terms of Service Changes.
Health Desk reserves the right to make periodic changes to these Terms of Service. Health Desk shall provide notification of such changes in the following manner: providing a revised version of Terms of Service on this web page, with an explanation at the top of when changes were made... Users should make certain to revisit these Terms of Service often to stay abreast of any changes, as all changes are binding to you through use of the site. Any Terms of Service changes will take effect at the time of posting. Your continued use of the site after these changes have been implemented serves as an indication of your acceptance of and consent to comply with any and all changes.
- User Accounts.
- An account that you use for your own personal non-commercial use is referred to as a "Personal Account." Please provide accurate and complete information about yourself when creating your personal account. This is absolutely necessary in order to maintain your credibility as a valuable site contributor. You are prohibited from creating multiple personal accounts and from providing an email address that is not your own or impersonating someone else, be it a celebrity or your next-door neighbor is neither encouraged nor allowed.
- "Business Accounts" are defined as those which are used for the sole purpose of representing a business. To create an account for your business, your business must either register using an existing Facebook account, or they must create a new Facebook account. Anyone creating a Business Account must be an authorized representative of your business entity. You must provide accurate and complete information about yourself and the business, and you are expressly forbidden from creating multiple Business Accounts or from registering using any email accounts you do not own.
In order to fully utilize Health Desk, users may be required to create a Facebook account, or users may be required to login to Health Desk using your Facebook account. It is your responsibility to maintain your account's password confidentiality, and any activity associated with your account is your responsibility. You agree that you will notify us immediately regarding any unauthorized use, or suspicion of unauthorized use, of your account. We may close your account at any time for any or no reason at our discretion.
- Use of the Site.
You are granted permission to use this Site under the restrictions described in these Terms of Service, and as such you must carefully abide by them. It's possible that you could be exposed to content which is offensive, indecent, inaccurate, objectionable or otherwise inappropriate. This content is not endorsed by Health Desk does not endorse or encourage such content, for do we vouch for its accuracy.
- Restrictions on Use.
- use Health Desk as a means to, or advocacy of, harassing another person, or to threaten, stalk, defraud or incite or interfere with another person's use of the Site;
- use Health Desk for commercial or promotional purposes, unless expressly allowed in writing by Health Desk.
- use Health Desk in a fashion that might create a conflict of interest or the appearance of a conflict of interest . This includes forbidden practices such as solicitation of reviews or trading reviews with other businesses;
- use Health Desk for the purpose of keyword spamming or making an attempt to manipulate natural search results;
- use Health Desk for bigoted or discriminatory purposes;
- use Health Desk in a fashion that violates the rights of other users or any other third-parties, Examples of such behaviors include but are not limited to breaching confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other right, intellectual or proprietary.
- use Health Desk for the act of submitting or transmitting illegal or pornographic content;
- use Health Desk for solicitation of information from minors, or in a manner that raises the potential for harm to minors;
- violate the Health Desk Terms of Service or any applicable law;
- exploit the Site or Site Content (other than Your Content) on Health Desk through modification, adaptation, reproduction, distribution, translation, sale, trade or creation of derivative works or adaptations of Site Content or the Site itself.
- reverse engineer any part of Health Desk, except as permitted under law;
- alter, omit, or display any part of Health Desk's copyright, trademark or other proprietary rights notice or on any materials printed or copied off the Site;
- data mining, processing, or recording of any information about Health Desk or other Site users;
- access, scrape or index this Site or its Content using any automated device, robot, spider, site search/retrieval application or process as a means to
- index, access or retrieve this site for the purpose of building, developing, or populating a database of business-focused reviews;
- frame or reformat any part of Health Desk;
- take any action that will impose, or may even possibly impose in our discretion, a load that is unreasonable or too large on Health Desk's technology infrastructure;
- Attempt to gain unauthorized access to Health Desk, user accounts, computer systems or even networks connected to the Site by means of hacking, password mining or any other illegal or unethical means; use Health Desk or content found within it as a means of transmitting destructive items including but not limited to: viruses, worms, Trojan horses (collectively, "Viruses"); use any devices, software or routine, to interfere with the proper working order of the site; make excessive traffic demands; use the site to crack passwords or security encryption codes, disrupt or interfere with security, or otherwise use the site for any purpose that interferes with security or causes harm to the Site or Site Content; work around or remove, disable, damage or interfere in any way with any of Health Desk's security features, as these features prevent unauthorized copying of Site Content and enforce limitations on site use.
As a user, you agree that you will not directly or indirectly participate in or encourage any of the activities outlined below. You also agree not to assist or otherwise aid others in an effort to partake in these activities.
- Content and Permission.
Please be advised thatYour Content may be used in many different ways. Examples of ways in which Your Content may be used include: display on Health Desk, incorporation into other works, creation of derivative works, promotion, distribution and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). Upon posting Your Content or otherwise making cit available, you grant irrevocable permission to use Your Content for any purpose. Furthermore, you agree to grant access to Your Content to the Site and users of Other Media in connection with their use of the Site and any Other Media. You consent to waive any moral rights, attribution claims, or assertions with respect to Your Content.
- Content and Responsibility.
Your Content is solely your responsibility. Health Desk bears no liability for Your Content. . Any and all risks associated with Your Content, including but not limited to reliance on accuracy, completeness or usefulness, as well as any disclosure that could personally identify you, are assumed by you Upon posting content on Health Desk, you represent that Your Content is owned by you, or that you have the appropriate permissions to use Your Content and to further authorize its use. In no way may you imply that Your Content is endorsed or sponsored by Health Desk.
If Your Content is found to be in violation any third-party right, including but not limited to rights involving copyright, patent, trademark, trade secret, moral right, privacy right, publicity right or any other right, intellectual or proprietary you may be exposed to liability. Similarly, if Your Content contains information that is false or intentionally misleading, defamatory information, contains unlawful information - information containing hate speech or pornography - information that harms or exploits minors or violates or even advocates violation of laws or regulation, you may also be exposed to liability.
- Content Use.
We may remove and/or reinstate User Content at any time at our discretion. Content that is determined to be in violation of our Terms of Service or that it is inappropriate in any way may be removed. Users do not own rights or any entitlements to compensation for advertisements that run alongside Your Content or anywhere else. Advertising's manner, mode and extent are subject to change without official notice.
- Content Feeds.
In order to facilitate simpler widespread distribution of content, some of the Site Content (also "Feed Content") is made available through Real Simple Syndication (RSS) and Atom feeds (the "Feeds"). Users may access feeds in order to display Feed Content on your PC, website or blog, provided that (a) use of the Feeds is not commercial and personal only, (b) display provides links back to relevant pages on the Site, with attribution to Health Desk as the source, (c) you do not suggest through use or display of Feed Content that Health Desk endorses or promotes any third-party causes, ideas, websites, products or services, (d) the Feed Content is not redistributed and (f) Health Desk's systems are not overburdened by your use of the Feeds. Health Desk reserves the right to terminate the Feeds at any time.
- Site Availability.
We hold the right to make updates, changes, and modifications at any time for any reason at our discretion. Furthermore, the site may be discontinued at our discretion without notice or liability.
- Unauthorized Access.
Unauthorized access to Health Desk is strictly forbidden. We reserve the right to exercise any means necessary to prevent this problem, including but not limited to: IP mapping, contacting your Internet Service Provider (ISP) and use of technological barriers.
- Investigations.
Health Desk is under no obligation to monitor the Site or its Content. However, if we believe a possible Terms of Service violation has occurred, we reserve the right to perform any or all of the following activities: investigate, block users from the Site and even refer matters to the proper law enforcement authorities. In order to comply with the Privacy Policy listed below, Information may be disclosed, including Your Content.
- Feedback.
- Dissatisfaction. In order to provide the best user experience possible, we invite you to share any dissatisfaction with us by using our Contact Us page.However, the only way in which to fully remedy any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any of our policies or practices in operating Health Desk, or (iv) any information or content transmitted through the site.is to discontinue your account.
- Site Improvements or Suggestions. Your opinion means a lot to us! Should you have any recommendations on how to improve Health Desk or your experience with it, please use our Contact Us form. By sending us "Feedback" in the form of recommendations, suggestions, ideas, documents, or proposals, you agree that (i) your feedback does not contain confidential or proprietary information regarding third parties, (ii) with respect to provided Feedback, Health Desk is under no obligation of confidentiality, express or implied, (iii) similar Feedback may already be in development or under consideration, and (iv) user grants Health Desk with an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
- Termination.
We may, at any time at our discretion, terminate or suspend your account or ability to use the Site for any or no reason and without notice or liability of any kind. For example, if you are found to be in breach of our Terms of Service, or we suspect that you are involved in illegal activity, your account may be terminated or suspended. In the event that your account is terminated or suspended, you may be prevented from accessing it and also from accessing Your Content, the Site Content or related information.
- Ownership.
Health Desk content elements include visual interfaces, any interactive features, graphics, designs, compilations, computer code, products, software, aggregate user reviews and ratings, and all other elements of Health Desk, including user and third-party content. These elements are owned by us. Additionally, all copyrights, trademarks, service marks, trade names and intellectual and proprietary rights throughout the world (the "IP Rights") that are associated with Health Desk in any way, with its content or the site itself, are also owned by us. They are protected by trademark, patent and trade dress laws, as well as all applicable intellectual and proprietary rights and laws. Creation of derivative works or adaptations of, change, distribute, reproduce, publicly display or exploit the Health Desk content, in whole or in part, is prohibited unless expressly authorized by us, in any way. No express or implied rights are provided to users, unless provided herein. We retain all rights in and to Health Desk and the Site Content.
- Warranties, Disclaimers, and Limitations of Liability.
- NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY Health Desk AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY PRODUCTS AND SERVICES SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON HEALTH DESK AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. HEALTH DESK DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM HEALTH DESK SHALL NOT CREATE ANY WARRANTY, REPRESENTATION OR CONDITION NOT EXPRESSLY STATED HEREIN.
- ALL LIABILITY FOR ANY (A) DAMAGES, BE THEY RELIANCE, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR INDIRECT, (B) PROFIT LOSS, (C) INTERRUPTION OF BUSINESS (D) DAMAGE TO OR LOSS OF REPUTATION OF HEALTH DESK OR ANY THIRD PARTY, OR (E) INFORMATION OR DATA LOSS.
- ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY HEALTH DESK. USE OF THIS SITE IS PERFORMED AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
- ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY HEALTH DESK ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY HEALTH DESK, HOWEVER, HEALTH DESK DOES RESERVE THE RIGHT TO MONITOR ANY DISPUTES.
- SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE LENGTH OF A WARRANTY, IT IS POSSIBLE THAT THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF YOU DO RESIDE IN SUCH A JURISDICTION, THE LIMITATIONS LISTED ABOVE WILL APPLY TO YOU TO THE FULLEST, LAWFULLY PERMITTED EXTENT.
- LIMITED TO THE GREATER OF (I) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH HEALTH DESKIN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (II) U.S. $100.00.
- Indemnity.
Users agree that they will indemnify and hold harmless Health Desk and the following parties: all of its parents, subsidiaries, related companies, licensors, affiliates, suppliers and partners, as well as the officers, directors, employees, agents and representatives of each of these entities. Terms of this indemnification/hold harmless agreement includes, but is not limited to costs, liabilities and legal fees, from any demand or claim made by a third-party arising from (i) your use or access to Health Desk, (ii) your Terms of Service violation, (iii) any infringement by you or a third party that may be using your account, of any property, intellectual or other right of any person or entity. You consent to cooperate with claims, as Health Desk, at your expense, reserves the right to assume exclusive defense and control of any matter which you are required to indemnify us. Unless you have written consent from Health Desk, you may not settle any matter without prior, We will make reasonable efforts to make users aware of any claim, action, or proceeding.
- Third Parties.
- Users of Health Desk may encounter links to other websites ("Third Party Sites"). These Third Party Sites are not endorsed or controlled by us. Users agree that responsibility for Third Party site content lies with Third Party Sites and not with Health Desk.
- Some of Health Desk's mapping features are powered by Google, Inc. Use of these features is governed by our Terms of Use, as well as Google.com's Terms of Sse, which reside at http://maps.google.com/help/terms_maps.html (or another URL, which may have been updated by Google, Inc.). Other mapping features are powered by The Microsoft Corporation. These features are governed under their terms of use, located at http://go.microsoft.com/fwlink/?LinkId=21969. Additionally, Microsoft Corporation's privacy policy is located here: http://go.microsoft.com/fwlink/?LinkId21970.
- Miscellaneous.
- You agree that the State of California will govern any dispute regarding or involving Health Desk without regard to its conflict of law provisions. You agree to personal jurisdiction by, as well as venue in the following location: San Francisco County, California state and federal courts.
- These Terms of Service may not be interpreted as authorization of employment, joint venture, partnership or agency. These Terms of Service do not provide you with the authority to bind Health Desk in any way whatsoever.
- Should these Terms of Service change, notifications may be provided to you through any or all of the following channels: by email, regular mail or posting on this site.
- There is nothing within intended to confer rights or remedies upon any third party, except as noted in Section 20 above. Nothing contained within will be deemed to confer rights and remedies to any third party.
- The Terms of Service contain the entire agreement between you and us regarding all instances and types of site use, This agreement serves to supersede any prior or existing agreement which may have been established between you and us regarding any and all content herein. Both parties herein acknowledge that no reliance is placed on any direct or indirect representation, contained in these Terms of Service.
- No waiver shall be constituted due to a failure on Health Desk's part to exercise or enforce any of the rights or provisions outlined within these Terms of Service. Either party's failure to exercise, in any respect, any right provided herein will not result in the providing of a waiver.
- In the event that any provisions found in these Terms of Service are deemed either unenforceable or invalid, those provisions will be eliminated or limited to the minimum extent necessary to keep the Terms of Service in full force and enforceable.
- You may not assign, transfer, or sub-license these Terms of Service without first obtaining written consent from Health Desk. Any assignment made in violation of these Terms of Service will be void. We reserve the right to transfer or assign the Terms of Service without restriction.
- Section titles within the Terms of Service are listed for convenience purposes only. They have no contractual or legal effect whatsoever.
- Contact Regarding Violations
To report a Terms of Service violation, or to ask a question about the Terms of Service, please contact our Legal Department