Website Terms and Conditions
Consent to be Bound: These terms and conditions (“Terms and Conditions”) between you and Happtique, Inc. (“Happtique”) govern your use of the Happtique website (“Website”). Happtique reserves the right to modify these Terms and Conditions at any time and to impose new or additional terms or conditions on your use. By using or visiting the Website, the Happtique software, content and services, you indicate your agreement to these Terms and Conditions and the Privacy Policy (incorporated herein by reference). Please discontinue your use of Happtique in the event that you do not agree to any of the terms of these Terms and Conditions and the Privacy Policy.
Happtique Website Content: Happtique is available for individuals at least eighteen (18) years of age. You agree not to use or attempt to use Happtique if you are under the age of eighteen (18). Through the Website, Happtique will provide you with a variety of content, including information about the features Happtique offers to its registered users, the various business enterprises associated with Happtique, a way to access various Happtique services, and a variety of interactive areas. Happtique may modify, revise or discontinue any content, feature or service of the Website or Happtique with or without prior notice. In the future, Happtique may choose to offer other services that Happtique determines are appropriate, suitable, and desirable. Although Happtique will try to provide the most comprehensive services to you as possible, Happtique does not guarantee that any one or all of Happtique’s services or offerings will be available to you at any particular time. Please note, however, that all content, features, and services that Happtique does provide to you through this Website are subject to all of the Terms and Conditions contained herein.
Happtique Accounts: In order to access certain areas of the Website, including content, features and services of Happtique, you will need to register for an end user account (“Account”). Registering for an Account requires that you read and agree to the terms and conditions of the “Account Terms & Conditions.”
Permissions and Restrictions; Your Conduct: Happtique grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that you do not use or attempt to use Happtique or the Website in any manner inconsistent with or that would violate these Terms and Conditions, or any other policy or agreement referenced herein, as applicable. In using Happtique or the Website, your conduct must, at all times comply with all relevant laws, rules, and regulations, including all applicable federal, state, and local laws (and international laws, if applicable). If you choose to submit content to or through the Website or Happtique, you must also comply with all relevant terms and conditions of the Account Terms & Conditions. In addition, you agree to the following:
1. You will not transmit false information through the Website or Happtique;
2. You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
3. You will not upload, post, e-mail or otherwise transmit any information or content unless you have the lawful right to disseminate such content;
4. All information submitted, uploaded, or otherwise transferred by you must clearly and accurately identify you as the source of the information; you may not disguise or falsify your identity when using the Website;
5. You agree that your use of the Website will not violate any contractual or fiduciary obligations you have to third parties, including that you will not transmit the private, confidential, trade secret, trade mark, proprietary or other non-public information of any other party through the Website;
6. You will not use the Website or any Happtique content for commercial purposes unless you receive prior written authorization from Happtique to do so, provided, however, that you may use Third Party Products (as defined in the Account Terms & Conditions) purchased through Happtique or the Website in accordance with the Account Terms & Conditions and the intended use of such Third Party Product;
7. You will not alter or modify any part of the Website or Happtique content;
8. You will not distribute in any medium any content of Happtique without prior written authorization from Happtique; and
9. You will not use or employ any automated system (e.g., robots, spiders) or other tool to use Happtique or the Website or obtain content or information from the Website, however, Happtique grants permission to use such systems or tools for creating publicly available searchable indices of its content, but not caches or archives, to the operators of public search engines.
Intellectual Property:
a. Property of Happtique and its Affiliates: You understand and agree that Happtique or its Affiliates (“Affiliates” shall mean any entity who directly or indirectly controls, is controlled by or is under common control with such entity) and licensors (including AppCentral, Inc. (“AppCentral”) own all right, title, and interest in the intellectual property related to the Website and Happtique, including, without limitation, all trademarks, trade names, copyrights, logos, graphics, software, data and documentation. You acknowledge and agree that these terms and conditions regarding intellectual property rights also apply to those of AppCentral, who has licensed AppCentralTM to Happtique, which is a software service that provides certain of the services, and which has been sublicensed by Happtique to you. You also agree not to decompile, disassemble, reverse engineer, modify, copy, relicense, resell, rent, transfer, remove or export any software owned by Happtique, AppCentral or either of their Affiliates or agents. Unless you receive prior written consent from Happtique, you are not permitted to use or reproduce any intellectual property owned by Happtique, AppCentral or either of their Affiliates or agents. Your use of the software by way of the Website or Happtique is through a non-exclusive right to use subject to the terms of these Terms and Conditions. Any use other than the intended use is prohibited and may subject you to civil and criminal penalties.
b. Property of Third Parties: You understand that Happtique may display or use other trademarks, trade names, copyrights, logos, or graphics owned by other copyright holders, for which Happtique has attained permission. You are not granted any right or license to use any of the aforementioned copyrighted material of third parties by virtue of you having access to the Website and Happtique.
Copyright Complaints:
a. Happtique respects the intellectual property of others, and we ask our users to do the same. Happtique may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
b. If you believe that your work has been copied and is accessible on or through Happtique or the Website in a way that constitutes copyright infringement, or that Happtique or the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Happtique by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Happtique to locate the material;
4. Information reasonably sufficient to permit Happtique to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Copyright Agent:
T. Drew Hickerson, Esq.
555 West 57th Steet, 15th Floor
New York, NY 10019
copyright@happtique.com
Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to.
Third Party Content; Clinical and Medical Content: The Website may contain hyperlinks, advertisements or content related to third party websites, products, including third party products, services or stores. Happtique may even redirect you automatically to third party websites or services and your usage of such will be governed, pending your acceptance, by their additional terms and conditions or policies, if applicable. You agree that Happtique is not responsible, nor shall Happtique be liable, for verifying the validity or accuracy of any third party material, content, products, including third party products, advertisements, websites, services or other related materials. In addition, Happtique does not warrant, will not be responsible for examining or evaluating the accuracy of, and will not have any liability or responsibility for any medical information, research or clinical materials or information provided by any third party material, content, products, advertisements, websites, services or other materials or documentation. Any medical content, services, information, advice or materials of any kind accessed through Happtique or the Website is for general information or reference purposes only and shall not be relied upon or replace any professional, clinical or medical advice or judgment provided by a physician or other health care professional. You agree that you will not use any third party materials or any services in a manner that would infringe upon or violate the rights of any other party and that Happtique is not in any way responsible for any such use by you.
Inappropriate Content: Through use of the Website and Happtique, you may encounter material or language that you deem inappropriate, offensive or objectionable, either through Happtique or through hyperlinks, advertisements or content related to third party websites, products, including third party products, services or stores. Due to the nature of the Happtique’s specialization in health care, you may encounter material or language pertaining to the human body that may be deemed inappropriate for certain audiences. You understand that the foregoing may occur and your use of Happtique and the Website is at your sole risk, and Happtique will not be liable to you for any such content.
Privacy: Happtique may collect and use certain information about you and your use of the Website and Happtique. The manner in which Happtique handles this data is explained in the Privacy Policy, which is located on the Website and is incorporated herein by reference.
Community Guidelines. Happtique permits individuals with Accounts to submit multiple forms of content in certain areas of the Website and Happtique. This conduct is subject to the community guidelines contained in the Account Terms & Conditions.
Advertisements: Happtique disclaims all liability for any advertisements that you may receive or any actions that you may take or refrain from taking as a result of any advertisement directed to you, or the Happtique community at large, from any party directly or indirectly in connection with or through the Website or Happtique. It is solely your responsibility for assessing and verifying the identity and trustworthiness of the source and content of any such advertisement. Happtique assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any advertisement. In particular, Happtique assumes no responsibility and makes no representations or warranties regarding any advertisements related to the provision of health care or medical advice or treatment, including, but not limited to, medical information, medical research, clinical material, prescriptive device or drug information.
Termination or Suspension of Access: Happtique reserves the right to terminate or suspend, at any time and effective immediately, your access to the Website and Happtique.
Disclaimer of Warranty; Limitation of Liabilities; Medical and Clinical Information: Happtique does not warrant that its Website will be uninterrupted or free from security breaches, errors, data loss, and other technical complications. You understand that while Happtique will take all reasonable necessary precautions TO protect your personal data OR ORGANIZATION’S DATA (AS APPLICABLE), it will not be liable for any unforeseen security breach that may lead to the unauthorized access of your information. Use of Happtique AND THE WEBSITE are at your sole risk, as they are made available to you “as is” and “as available”, without any express or implied warranties including, but not limited to, merchantability and fitness for a particular purpose.
To the extent not prohibited by law, in no event shall Happtique be liable to you for any injury or damage, physical or monetary, in relation to your use or inability to use the weBSITE OR happtique, regardless of the theory of liability. Any monetary loss resulting from your reliance upon information or data received ON OR THROUGH THE WEBSITE OR HAPPTIQUE is strictly your sole risk, responsibility and liability. In particular, any personal injury or death resulting from the prohibited reliance on medical or clinical information attained through a Third Party acquired by way of Happtique is solely your risk, responsibility and liability. Happtique does not warrant as to the accuracy, completeness, or suitability of any medical information, any research and clinical material published or made available for informational purposes through the WEBSITE OR HAPPTIQUE. You are encouraged and advised to confirm the information with other sources. Any and all medical or clinical information received or acquired through the WEBSITE or happtique in general, is not intended aS a replaceMENT or substitute OF your medical or clinical JUDGMENT OR THAT OF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER. In no event shall Happtique be liable to you for any damages related to or arising from your use of the WEBSITE OR HAPPTIQUE.
INDEMNITY AND WAIVER: YOU AGREE, THROUGH YOUR USE OF HAPPTIQUE AND THE WEBSITE, TO HOLD HARMLESS, INDEMNIFY AND DEFEND HAPPTIQUE AND APPCENTRAL, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS OR DEMANDS, MADE BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR CONDUCT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR HAPPTIQUE, THE SERVICES OR ANY ADVERTISEMENT, ANY ALLEGED VIOLATION OR BREACH OF THESE TERMS AND CONDITIONS, OR ANY ALLEGED VIOLATION OF ANY APPLICABLE LAW OR REGULATION. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM HAPPTIQUE OR APPCENTRAL, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AS A RESULT OF THE DENIAL TO PROCESS ANY INFORMATION, SUSPENSION OR TERMINATION OF YOUR USE OR ACCESS TO THE WEBSITE OR HAPPTIQUE, OR ANY ACTION TAKEN UPON AN ALLEGED VIOLATION, WITH OR WITHOUT PROVIDING NOTIFICATION TO YOU.
Compliance with Law and Export Restrictions: Your use of the Website and Happtique subjects you to all pertinent import and export laws of the United States and the laws of any other applicable jurisdictions. You agree to be solely responsible for compliance with all such laws. You agree not to export, re-export, or transfer, directly or indirectly, any data or software obtained through the Website or Happtique, to any United States embargoed country or citizen (person or entity) thereof, or to any person or entity appearing on the United States Department of Commerce Denied Persons List or Entity List. You also agree not to transfer, export or re-export, directly or indirectly any data or software acquired through the Website or Happtique for use or to users in military or proliferation activities (nuclear, missile, chemical or biological weapons) without United States Government authorization. Your use of the Website and Happtique constitutes your agreement to comply with the foregoing and all other federal, state, local, and international laws, as applicable.
Commercial Goods: Content of Happtique and the Website may constitute “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with those statutes, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to United States Government end users, if applicable: (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Entire Agreement: These Terms and Conditions (including the Privacy Policy) and the Account Terms & Conditions, if applicable, reflect the entire agreement between you and Happtique regarding the subject matter hereof, and supersedes all prior agreements between the parties, whether written (including electronic) or oral. To the extent that your use of Happtique requires that you register for an account, you will need to agree to the Account Terms & Conditions, to which additional terms and conditions will apply. In the event that any provision of these Terms and Conditions conflicts with an accepted Account Terms & Conditions, the Account Terms & Conditions shall prevail.
Modifications: Happtique may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. The date of the most recent modifications or revisions will appear on this page, so check back often. Continued access of Happtique by you will constitute your acceptance of any modifications or revisions to these Terms and Conditions.
Governing Law: Your use of Happtique and the Website shall be governed in all respects by the laws of the State of New York, without giving effect to the conflict of law principles thereof, and venue shall be proper only in a court of competent jurisdiction located in the State of New York in New York County. You agree to be subject to personal jurisdiction in and consent to the service of process issued by a court in which venue is proper as defined in this Section. Your use of any third party products, websites or services may also be subject to other local, state, national, or international laws.
Assignment: Happtique may assign, license, transfer or subcontract any of its rights and/or responsibilities under these Terms and Conditions at any time. You may not assign, license, transfer or subcontract any of your rights or obligations under these Terms and Conditions without Happtique’s express written consent.
Inquiries: Please direct your questions regarding Happtique, the Website, these Terms and Conditions or any other policies issued by Happtique to: terms@happtique.com. You may also contact Happtique at 555 West 57th Street, 15th Floor, New York, New York 10019.
Last Updated: April 18, 2012