Acceptance of Terms
These Terms of Service (the "Terms") govern your access to and use of the website, content, features, and services offered by National Health & Your Information Portal ("NHYIP," "we," "us," or "our"). By accessing or using our website and services (collectively, the "Platform"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Platform.
The Platform is owned and operated by Gareth Holbrook, 500 Mercer St, Seattle, WA 98109, United States of America. You may contact us at [email protected].
Effective Date
These Terms are effective as of the date you first access or use the Platform and will remain in effect until terminated as provided herein. We may include or display a separate posted effective date on the Platform when Terms are updated.
Changes to Terms and Platform
We may update, modify, or replace these Terms at any time in our discretion. Material changes will be indicated by updating the date or by providing notice through the Platform or via other reasonable means. Your continued use of the Platform following any modification constitutes acceptance of the revised Terms.
We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice, and without liability to you.
Eligibility and Geographic Restrictions
The Platform is intended for individuals located in the United States. We do not represent that content is appropriate or available for use in other jurisdictions. Accessing the Platform from territories where the content is unlawful is prohibited. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
You must be at least 13 years of age to use the Platform. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may use the Platform only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
Medical Information Disclaimer
The Platform provides general information about medications, supplements, diseases, health, wellness, and related topics for educational and informational purposes only. The Platform does not provide medical advice, diagnosis, or treatment, and the information provided is not a substitute for professional medical advice or consultation with a qualified healthcare provider.
Always seek the advice of your physician, pharmacist, or other qualified health provider with any questions you may have regarding a medical condition, medication, or supplement. Never disregard professional medical advice or delay seeking it because of something you read on the Platform. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.
No Doctor–Patient Relationship
Your use of the Platform does not create a doctor–patient, pharmacist–patient, or other professional–client relationship between you and NHYIP or any of its owners, contributors, authors, or affiliates.
Accounts, Registration, and Security
To access certain features, you may need to register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use of your account or breach of security.
We reserve the right to refuse registration, terminate accounts, or reclaim usernames at our discretion.
User Conduct and Acceptable Use
You agree not to use the Platform to:
- Violate any applicable law or regulation;
- Infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of others;
- Upload, post, or transmit any content that is unlawful, harmful, defamatory, obscene, harassing, hateful, discriminatory, or otherwise objectionable;
- Distribute malware, spyware, or other malicious code; engage in data harvesting, scraping (except as permitted by robots.txt or written authorization), or automated access not compliant with our policies;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Platform or related systems;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Provide medical advice if you are not authorized to do so under applicable law, or present content as professional advice without appropriate credentials and disclaimers.
User Content; License; Feedback
If you submit, post, or otherwise provide content, information, reviews, questions, suggestions, or materials ("User Content"), you represent and warrant that you have all necessary rights to do so and that your User Content complies with these Terms and applicable law.
You grant NHYIP a nonexclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform your User Content in connection with operating, improving, and promoting the Platform. This license continues for the duration permitted by law and survives termination of your account to the extent necessary for our legitimate business purposes.
We may, but have no obligation to, monitor, moderate, or remove User Content at our discretion. We do not endorse, guarantee, or assume responsibility for User Content posted by third parties.
If you provide feedback, ideas, or suggestions ("Feedback"), you agree that we may use the Feedback without restriction or compensation to you.
Intellectual Property Rights
All content on the Platform, including text, graphics, logos, icons, images, audio-visual content, data compilations, and software, together with the compilation and arrangement thereof, is owned by NHYIP or its licensors and is protected by U.S. and international intellectual property laws. All trademarks, service marks, and trade names are the property of their respective owners.
Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Platform for your personal, noncommercial use. Any other use requires our prior written consent. You may not copy, reproduce, distribute, publicly display, publicly perform, modify, or create derivative works from the Platform or any content except as expressly permitted by these Terms or applicable law.
Copyright; DMCA Policy
We respect intellectual property rights and expect users to do the same. If you believe that content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to our designated agent with the following information: (1) a physical or electronic signature of the person authorized to act on behalf of the owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.
Designated DMCA Agent: Gareth Holbrook, 500 Mercer St, Seattle, WA 98109, United States of America; Email: [email protected].
Counter-Notification: If you believe that material removed or disabled as a result of a mistake or misidentification, you may send a counter-notice containing the information required by 17 U.S.C. § 512(g)(3). Upon receipt of a valid counter-notice, we may restore the material in accordance with the DMCA.
Third-Party Content, Products, and Services
The Platform may reference third-party content, products, services, medications, supplements, or healthcare providers. We do not control, endorse, or assume responsibility for any third-party information or services. Interactions with third parties are solely between you and the third party, and we are not responsible for any loss or damage arising from such interactions.
Informational Tools and No Medical Devices
Any tools, checklists, calculators, or similar features on the Platform are provided for informational and educational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or condition. The Platform and its tools are not medical devices.
Communications; Electronic Signatures
By using the Platform, you consent to receive electronic communications from us related to your use of the Platform, which may include notices about your account, legal notices, and transactional information. You agree that such electronic communications satisfy any legal requirements that communications be in writing. If you provide a phone number, you consent to receive calls or texts as permitted by law and our policies; you may opt out using the instructions provided in such communications.
Privacy
Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and disclose information. Please review our Privacy Policy available on the Platform. We are not a healthcare provider or covered entity under HIPAA, and information you provide to us may not be protected by HIPAA. Do not submit protected health information unless we specifically request it for a defined purpose.
Payments and Subscriptions
If the Platform offers paid services, subscriptions, or purchases, you agree to pay all fees, charges, and applicable taxes as described at the time of purchase. Prices and features are subject to change. Unless otherwise stated, fees are nonrefundable to the maximum extent permitted by law. By providing a payment method, you represent that you are authorized to use it and authorize us (and our payment processors) to charge all amounts due.
Auto-Renewals: If you enroll in an auto-renewing subscription, you authorize recurring charges until you cancel. You may cancel before the next billing cycle to avoid future charges, subject to any applicable minimum commitment disclosed at the time of purchase.
Termination and Suspension
We may suspend or terminate your access to the Platform, or remove content, at any time for any reason, including actual or suspected violations of these Terms, without liability. Upon termination, your right to use the Platform ceases immediately, but provisions that by their nature should survive will survive, including ownership provisions, warranty disclaimers, limitations of liability, indemnity, and dispute resolution.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NHYIP, ITS OWNER, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID TO US, IF ANY, FOR ACCESSING THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; the above limitations may not apply to you to the extent prohibited by law.
Indemnification
You agree to defend, indemnify, and hold harmless NHYIP and its owner, officers, employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.
Governing Law; Venue
These Terms and any dispute arising out of or related to them or the Platform are governed by the laws of the State of Washington, without regard to its conflict of laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
Subject to the Arbitration provision below, the exclusive jurisdiction and venue for any non-arbitrable action related to these Terms or the Platform shall be the state and federal courts located in King County, Washington, and you consent to personal jurisdiction and venue in such courts.
Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, and governed by the Federal Arbitration Act. The arbitration shall be conducted in English by a single arbitrator in King County, Washington, unless the parties agree otherwise, or as required by applicable AAA rules for consumer disputes.
Either party may bring an individual action in small claims court in a jurisdiction that has such court and where jurisdiction and venue are proper instead of arbitration. This arbitration agreement does not prevent either party from seeking provisional or injunctive relief in aid of arbitration or to protect intellectual property rights.
CLASS ACTION WAIVER: YOU AND NHYIP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Opt-Out: You may opt out of this arbitration agreement by sending written notice of your decision to opt out to NHYIP, Attn: Arbitration Opt-Out, 500 Mercer St, Seattle, WA 98109, or via email to [email protected] within thirty (30) days of your first use of the Platform. Your opt-out notice must include your name, address, the email you use for the Platform (if any), and a clear statement that you wish to opt out of arbitration.
International Use and Export Controls
You agree to comply with all applicable U.S. and international export control and sanctions laws and regulations. You represent that you are not located in, resident of, or organized under the laws of any jurisdiction subject to comprehensive U.S. sanctions, and that you are not a prohibited party under applicable sanctions lists.
Children's Use
The Platform is not directed to children under 13. We do not knowingly collect personal information from children under 13. If we learn that a child under 13 has provided personal information, we will take appropriate steps to delete such information. Parents and guardians who believe that a child has provided us personal information may contact us at [email protected].
Suspension for Legal Compliance
We may suspend or disable access to the Platform or remove content as necessary to comply with legal obligations, court orders, governmental requests, or to protect the rights, property, or safety of NHYIP, our users, or the public.
Notices; Contact Information
We may provide notices to you through the Platform, by email, or by postal mail to the address you provide. You agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Questions about these Terms or the Platform may be directed to: National Health & Your Information Portal (NHYIP), c/o Gareth Holbrook, 500 Mercer St, Seattle, WA 98109; Email: [email protected].
Severability; Waiver; Assignment
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Entire Agreement; Headings; Interpretation
These Terms, together with any policies or terms referenced and incorporated herein (including our Privacy Policy), constitute the entire agreement between you and NHYIP regarding the Platform and supersede all prior or contemporaneous agreements or understandings. Section headings are for convenience only and have no legal or contractual effect. The term "including" means "including without limitation."
