This Terms of Use Agreement (“ToU”) is a binding legal contract between you and Community Health Initiatives, Inc. (“CHI”).

CHI is a non-profit Federally Qualified Health Center (“FQHC”) providing health care services. This ToU governs your access to and use of the www.everyyouhealth.com website and any media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, or information available or sold on or through it or used in connection with it (collectively, the “Services” and each a “Service”).

By downloading, accessing, or using any Service, you will be bound by this ToU. If you do not agree to this ToU, CHI does not grant you permission to access or otherwise use the Services.

CHI may change, add or remove portions of this ToU from time to time, and such changes shall become effective immediately upon posting. It is your responsibility to review this ToU prior to using any Service, and by using any Service, you agree to any revisions or additions to this ToU.

The Services you have accessed and all contents, as a whole and in part, are protected by copyright, trademark, service mark, trade name and other intellectual property, and are owned or controlled by CHI, its affiliates and licensors. The Services are licensed to you, not sold. Except for the limited license granted in this ToU, CHI and its licensors retain all right, title and interest in the Services and all proprietary rights in the Services, including without limitation copyrights, patents, trademarks, service marks and trade names.

CHI may change, suspend, or discontinue any aspect of the Services at any time. CHI, as well as its suppliers and service providers, reserve all rights not granted in this ToU.

License Grant. CHI grants you a personal, revocable, nontransferable, nonexclusive license to use the Services for personal, non-commercial purposes, if you comply with this ToU.

Limitations on License. The license granted to you in this ToU is restricted as follows:

1. Limitations on Copying and Distribution. You may download or copy downloadable content for personal, non-commercial use only, if you maintain and display all copyright, trademark and other notices contained therein.
2. Limitations on Use. You may use and access the Services solely for your personal, non-commercial use. All use of the Services must comply with this ToU. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Services or any contents, information, data, or materials provided through the Services in any manner not expressly permitted by this ToU or the Services.
   You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer any Service, or directly or indirectly permit any third party to use or copy all or part of any Service.
   You may not: (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information without authorization through any means; (ii) attempt to gain unauthorized access to any portion or feature of the Services, including without limitation the account of any other authorized user, any other systems or networks connected to the Services, or to any server used by CHI, its suppliers or its service providers, by any illegal or prohibited means, including but not limited to hacking and password “mining;” (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Services; (iv) breach the security or authentication measures associated with the Services, or any network connected to any or all of the Services; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, CHI’s systems or networks, or networks connected to the Services; (vi) use any device, software, or routine to interfere with the proper working of the Services, including any transaction being conducted, or with any other person’s use of the Service; (vii) use the Services to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Services without CHI’s express, separate and prior written permission; (ix) reproduce a page or pages on another website or in other media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, unless with CHI’s prior written consent; or (x) use the Services in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact CHI.
3. Non-Solicitation. You may not post or transmit through the Service any material which contains advertising nor any solicitation.
4. Limitations on Reverse Engineering and Modification. you may not reverse engineer, decompile, disassemble, modify or create works derivative of the Service or any materials accessed through the Service.
5. Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from any materials or content accessed through the Services.
6. Compliance with Applicable Law. You are solely responsible for ensuring your use of the Service complies with all applicable foreign, federal, state and local laws, rules and regulations.

By downloading, accessing, or using the Services to view information and content or submit Materials (as defined below) of any kind, you represent and warrant that you: (i) are at least eighteen (18) years of age; (ii) have registered for the Services (if required) and have not been previously restricted, suspended or terminated and (iii) are not using another authorized user’s account without that person’s permission.

The Services may contain questionnaires, tools, and other interactive features where you can share and display content, information, posts, materials, including without limitation, statements, photographs, video, and other images (collectively “Materials”). You are solely responsible for any Materials you provide. By submitting or posting Materials while using the Services, you warrant that you have all necessary rights to grant, and automatically grant to CHI and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future.

You agree that by using the Service, you will not post or transmit any of the following:

1. anything that interferes with or disrupts the Service or its operation.
2. materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false.
3. unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others.
4. materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.
5. materials that harm minors.
6. materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; or
7. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Service.

If you purchase products or services, or participate in a program, sweepstakes, or training, additional terms and conditions may apply. If there is a conflict between this ToU and the terms applicable to a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services.

CHI may provide links, in its sole discretion, to other websites. CHI expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party. Please also note that CHI is not responsible for the availability of these outside resources or their contents.

Registration as an authorized user may require both a username and a password (“Authorized User Credentials”). You may also have to provide certain information, all of which must be accurate and up to date. Do not share or give your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of your username and password.

You also agree not to use another person’s Authorized User Credentials or to select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) which are subject to the rights of another person without authorization; (iii) which violate the intellectual property rights of another person; or (iv) that are inappropriate, offensive or discriminate on the basis of race, color, sex, language, ethnicity, religion, political or other opinion, national or social origin, or other status. you acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of CHI. Failure to comply with the foregoing shall constitute a breach of this ToU, which may result in immediate suspension or termination of your Authorized User Credentials. CHI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. CHI reserves the right to delete or change Authorized User Credentials at any time and for any reason.

CHI has the right, but not the obligation, to monitor the content of the Services (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Materials), to determine compliance with this ToU and any operating rules established by CHI, and to satisfy any law, regulation or authorized government request. CHI has the right and sole discretion to edit, refuse to post, or to remove any Materials submitted to or posted on or within the Service, including, without limitation, the right to remove any Materials that CHI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SERVICES AND ASSOCIATED INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES, INCLUDING USER CONTENT, IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHI AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. CHI DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. CHI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CHI IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

THE MATERIALS, CONTENT AND INFORMATION PROVIDED VIA THE SERVICES ARE NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NO INFORMATION SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON A WEBSITE OR WHILE USING THE SERVICES.

CHI does not represent or warrant that product information is accurate or complete, as information may be provided by product manufacturers or suppliers, and on occasion manufacturers may modify their products and update their labels. We recommend that you consult the product’s label or contact the manufacturer directly if you have a specific concern or question about a product.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHI OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, EVEN IF CHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF CHI AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.

Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.

All product and service descriptions and depictions are approximate and are provided for convenience purposes only. The inclusion of any products or services does not imply or warrant that such products or services will be available. In the event a product or service is listed at an incorrect price or with incorrect information, CHI will have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price, whether due to a typographical error, an error in information received from CHI’s suppliers or providers, or otherwise. If you wish to obtain any product or service, you may be asked to supply certain information including, without limitation, your credit or other payment card number, its expiration date and security code and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.

By submitting such credit card or payment information, you grant to CHI the right to provide such information to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any service.

CHI requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, through a www.everyyouhealth.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy.

EACH TIME YOU PURCHASE A PRODUCT AT WWW.EVERYYOUHEALTH.COM, YOU ARE REPRESENTING THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A EVERYYOUHEALTH.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF THE EVERYOUHEALTH.COM PRIVACY STATEMENT.

CHI complies with copyright and related laws and requires all users of the Services to comply with such laws. Accordingly, you may not store any material or content, or use or disseminate any material or content, though the Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law.

Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. CHI reserves the right to terminate access to and use of the Services for any user who repeatedly infringes the intellectual property rights of others.

If you feel that Materials or any other content posted on www.everyyouhealth.com are objectionable or infringing, please contact us immediately. Upon CHI’s receipt of a proper written notice of claimed infringement under the DMCA, CHI will respond promptly to remove, or disable access to, the material claimed to be infringing and will follow all other relevant DMCA procedures regarding the claimed infringement.

CHI’s designated agent – i.e., the person to whom you should address such notice – is listed below. Please send CHI’s designated agent a written communication containing all of the following information:

1. electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed.
2. a description of the copyrighted work that you claim has been infringed.
3. a description of the location of the material or content that you claim is infringing is located to permit CHI to locate the material.
4. your address, telephone number, and email address.
5. your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. your statement, made under penalty of perjury, that the information contained in your report is accurate and that you are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf.

CHI’s designated agent for notice of claims of copyright infringement can be reached as follows:

By E-Mail: alex@chihealthcenter.com with the subject line “DMCA”

By Mail:

Alex Movshovich
1419-25 Mermaid Ave.
Brooklyn NY 11224
718-210-3110

You agree to indemnify, defend and hold CHI and its affiliates and its and their respective governors, directors, officers, employees, volunteers, and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Services.

You understand, acknowledge, and agree that accessing and/or using certain features, programs, services, tools, purchase options, materials, or information may require the submission, use and/or sharing of your personal information. Please click here to learn more about and acknowledge how your personal information will be used in connection with this website and the Services.

This website, www.everyyouhealth.com, and the Services are not directed to or intended for children under the age of eighteen (18). Nevertheless, CHI cannot prohibit minors from visiting this website. CHI must rely on parents, guardians and those responsible for supervising children to decide which materials are appropriate for such children to view and/or purchase.

CHI’s name and logo, and certain other trademarks and logos visible while using the Services, are federally protected and registered marks of Community Health Initiatives, Inc. and protected under United States Code, Title 18, Section 706. All other trademarks displayed on www.everyyouhealth.com or through links to other services are the property of the respective trademark owners.

This ToU are governed by and construed in accordance with the laws of New York, as applied to agreements executed and wholly performed within New York and with New York residents. Any action or proceeding brought by you or CHI shall be brought only in a court of competent jurisdiction located in New York and you and CHI agree to submit to personal jurisdiction of those courts for purposes of any action or proceeding.

You may not modify, amend or alter in any way this ToU. This ToU constitute the entire understanding and agreement between CHI and you with respect to the Services and any transactions contemplated in this ToU and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of this ToU, all of which are merged into this ToU. In the event any provision of this ToU is found to be invalid or unenforceable pursuant to judicial decree, the remainder of this ToU will remain valid and enforceable according to its terms. Any failure by CHI to strictly enforce any provision of this ToU will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this ToU. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

These Terms of Use and your license to use the Services will take effect the moment you install, access, or use the Services and will be in effect until terminated as set forth below. This license will automatically terminate in the event you breach any of these terms. Termination may be effective without notice.

You may terminate this ToU at any time by ceasing to use the Services. Certain provisions of this ToU, as identified below, will survive termination. Upon termination, you must destroy all copies of any content or materials you’ve downloaded while using the Services.

The following will survive termination of this ToU: (i) the Choice of Law/Entire Agreement section; (ii) the provisions concerning rights in your Materials that you have granted to CHI; (iii) CHI’s proprietary rights and (iv) the indemnity, disclaimers of warranty, limitation of liability, and governing law provisions.