II.WEBSITE DISCLAIMERS
THIS TERMS AND CONDITIONS PAGE GOVERNS YOUR USE OF THIS WEBSITE.
PLEASE READ THE FOLLOWING AGREEMENT AND INFORMATION CAREFULLY.
BY USING THIS WEBSITE, YOU ARE ACCEPTING THESE TERMS.
Last Revision: January 1st, 2021
Welcome to Nectar Health, LLC’s (“Company”) website. The Company is based in Florida.
Your use of any Company associated website (collectively, the “Website”) and any features therein are subject to these terms and conditions (the “Terms”).
By accessing this Website in any way — including without limitation, by browsing, acting or failing to act on, or directly or indirectly using any information found herein, or submitting information to the Company — you agree and are bound to the terms, disclaimers, conditions, policies and notices contained in this Terms page, including, but not limited to, disclaimers of warranties, damage and remedy limitations and a choice of Florida law. If you do not accept or abide by these Terms, you must leave the Website and discontinue its further use.
The Company may, in its sole discretion, at any time and for any reason, with or without notice, reviseand updatethese Terms. Any such modification will become effective upon posting of an updated version of these Terms. It is your responsibility to review these Terms on a regular basis to ensure you are familiar with its most recent version. If you continue to use the Website after any such modification has been made, you have thereby signified your acceptance of the Terms as modified.
Please note that these Terms are valid for (and apply to) the Website and all social media activities of, or on behalf of, Company. Accordingly, the Terms apply to this Website and any other internet material/page administered, owned, managed, contributed to, or inspired by Company. It also includes any Company activity on, without limitation, WhatsApp, LinkedIn, YouTube, Google, Yahoo, and any other media/social platforms as well as any other separate form of marketing/media content – whether, text, audio, video, books, or brochures that currently exist or may exist in future (collectively the, “Company Materials”). The terms “We,” “Us,” and “Our” refer to the Company. “You”refers to you, as a user of our Website, Information, Company Materials or our Services(as defined in these Terms). By accessing, acting or failing to act on, or directly or indirectly using our Website, Information, Company Materials or our Services, You acknowledge and agree to these Terms.
INTRODUCTION:
The contents of this Website, our Company Materials and Services are not intended to provide, without limitation, medical advice. Any information, idea, claim or statement (collectively, “Information”) cannot be construed by You (or anyone) as taking the place of either, among others, your medical professional’s or your own ability to evaluate the Information pursuant to a rational evaluation basis. Indeed Information, Company Materials and Services are comprised of, among others, ideas, suggestions, techniques, assessments, resources, and other materials, which are provided only as general information and does not constitute health, medical, or any other professional advice, opinion, diagnosis, prescription, or treatment.
For these reasons, You may not rely on Information and the Company shall not be held responsible or liable for misunderstanding or misuseof any Informationin this Website, any Company Materialsoras may be relevantto any Services. The Companyis not responsible for any loss, damage, or injury caused, or alleged to be caused, directly or indirectly by any action, inaction or behavior brought on because or related in any way by any Information on the Website, any Company Materials or as may be germane to any Services. This general disclaimer is explicitly important if you act, fail to act or engage in any behavior on any Information — that you may understand or interpret to explicitly, implicitly or directly or indirectly relate to future events or results and such events or results do not materialize.
Of course, we hope that you find that the contents of this Website and Company Materials to be beneficial. Nonetheless, you must agree that future events or results may or will vary from person to person. Neither the Company or its owners, employees or agents can guarantee any future outcome that may result from, or be related to, any Information contained in the Website or any Company Materials or relevant to any Services. We are not liable for factual or other inaccuracies, any of which may differ in different peoples’ minds, regarding any Information contained in the Website or Company Materials or as relevant to any Services.
Please be aware that any Information presented in the Website, Company Materials or as may be germane to any Services are only illustrative, anecdotal and testimonial examples. If any, such Information may only be understood by you to reflect only what a specific individual’s experience has been in relation to Information, Company Materials or as germane to Services. Any future event or result mentioned that have been experienced by certain individuals (that is, having been achieved by some) may not to be construed as (or be expectedto be) the outcomeor resultthat you may achieve. You must understandthat the Information, Company Materialsand Services reflect only what we believe about these matters and, therefore, same may not be literally true. We fully encourage you to use your own reasoning and that of your healthcare professional that you trust in evaluating, acting or failing to act upon or relying on any Information, Company Materials or Services.
GENERAL DISCLAIMER:
You understand by viewing this Website, the Company Materials and Services you agree that all healthcare application of Information, Company Materials or Services is a matter is to be considered anecdotal with respect to the extent of their benefits, outcomes, results, effectiveness and even risks all of which are matters relegated to You and Your medical professional. We do not take the place of your Medical Professional, accordingly, any Information, Company Materials and Services are not intended to be understood or represent that they are or can be used to prevent, cure, treat or even diagnose any, among others, medical or psychological condition, issue or problem nor is any part of (directly or indirectly) meant to be understood as a substitute for you seeking the advice, services, treatment options and results that are (or may be) available from licensed professionals. The Company strongly advises that you seek professional advice regarding any decision to act or fail to act all as may be in your best interest pursuant to such professional advice. All Information, Company Materials (including, testimonials or examples) or Services referred to on this Website and elsewhere cannot and do not constitute a warranty, prediction, or guarantee regarding the results or outcome of any individual, including You, using (or relying on) same for any particular issue, condition, problem, or purpose. While the Company posts all Information, Company Materials and as germaneto Services(includinglinksandother resources)in goodfaith, theirvalidity, accuracy, completeness, effectiveness, or usefulness cannot be guaranteed.
MEDICAL DISCLAIMER:
If you are experiencing a medical emergency, call 911 to get medical help. Do not rely on any Information, Company Materials and/or Services contained on (or relevant) to this Website for assistance or guidance in regard to your imminent, urgent medical needs. This Information, Company Materials and/or Services presented in (or relevant to) the Website do not constitute medical advice and nothing contained on this Website is intended to constitute the practice of medicine. The Company does not guarantee that any Information contained on this Website reflects and represents the latest scientific and medical research status. In particular, the Information contained on this Website is meant to be general guidance and is shall not be deemed or understood to attempt to heal, cure, treat, or suggest treatment for a particular health condition you may experience or have questions about. The content on this Website is not written and has not been approved by licensed medical doctors or medical professionals. The sole purpose of this Website is to provide general educational information. The Information, Company Materials and/or Services contained on (or relevant to) this Website is not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. You are hereby notified that you should never ignore, disregard professional medical advice or delay seeking professional medical treatment because of something you have seen, read, or heard, or accessed through this Website.
HIPPA DISCLAIMER
To fully serve you and to utilize certain functions of our Website technology, we may need to collect certain protected health information (PHI) from you. In order to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPPA), we will treat your PHI as confidential information and we will not disclose this information to anyone other than as necessary to provide you with products and services. We take strict steps to ensure there are technical, physical and administrative safeguards in place to keep your protected health information (PHI) safe. Please see additionally, our Website’s Notice of Privacy Practices Pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
PRIVACY STATEMENT:
We are committed to maintaining robust privacy protections for Users. Our Privacy Policy (the “Privacy Policy”) is designed to help You understand how we collect, use and safeguard the information You provide to us and to assist You in making informed decisions when using Information, Company Materials and/or Services contained on (or relevant) on this Website. The term “Computer” refers to any computing or communications (including cell phones) device or manner that is, or may be, used to access the internet or the Website. “Services”refers to the Company’s services accessedvia the Website. The PrivacyPolicy applies whether you visit this Websiteto search, research, browse, or for purposes of
INFORMATION WE COLLECT:
We may collect
We may use
Whether You visit this Website to search, research, browse, or for purposes of
INFORMATION COLLECTED VIA TECHNOLOGY:
To activate the Services You may need to submit Personal Information in addition to your email address. To use the Services thereafter, You may need to submit further Personal Information. However, in an effort to improve the quality of the Services, we track information provided to us by your browser or by our software application when You view or use the Services, such as the website You came from (known as the “referring URL”), the type of browser You use, the Computer from which You connected to the Service, the time and date of access, and other information that does not personally identify You. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect
INFORMATION YOU PROVIDE US BY REGISTERING FOR AN ACCOUNT, IF APPLICABLE:
In addition to the information provided automatically by your browser when You visit the Website, to become registered in the Website or a user of Services, You will create a personal profile. You can create a profile by registering relevant to Services and entering your email address, and creating a user name and a password. By registering, You are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.
MINOR’S/CHILDREN’S PRIVACY:
The Website and the Services are not directed to anyone under the age of 18. The Website does not knowingly collect or solicit informationfrom anyone under the age of 18, or allow anyone under the age of 18 to sign up for the Services. In the event that we learn that we have gathered personal information from anyone under the age of 18 without the consent of a parent or guardian, we will delete that information as soon as possible. If You believe we have collected such information, please contact us at compliance@nectarhealthcorp.com.
HOW WE USE AND SHARE INFORMATION:
PERSONAL INFORMATION. Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company (unless subject to a Business Associate Agreement and as allowed by law), such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy or applicable law.
In general, the Personal Information You provide to us is used to help us communicate with You. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. If You share personal information by filling out forms or sending the Company an
We may share Personal Information with outside parties if we have a
In the event we undergo a businesstransactionsuch as a merger, acquisition by anothercompany, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to processyour Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Website so that You may opt out of the new information practices. We suggest that You check the Website periodically if You are concerned about how your information is used.
HOW WE PROTECT INFORMATION.
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge You to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that You understand and agree to assume these risks.
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION:
You have the right at any time to prevent us from contacting You for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional
LINKS TO OTHER WEBSITES:
As part of the use of the Website or the provision of the Services, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Website and the Services. Therefore, this Privacy Policy does not apply to your use of a
CHANGES TO OUR PRIVACY POLICY:
The Company reserves the right to change this policy and our Terms of Service at any time. We will notify You of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our Website. Significant changes will go into effect 30 days following such notification.
CONTACT US
If You have any questions regarding this Privacy Policy or the practices of this Website, please contact us by sending an email to compliance@nectarhealthcorp.com. If You do not want the Company to contactYou, or if You want the Company to discontinue any use of, or if You wish to correct, any information that You have provided, please contact us at to compliance@nectarhealthcorp.com. At this email address You can also request to opt out of marketing emails.
NO REPRESENTATIONS:
This Website, the Company Materials, any Information and as germane to any Services is/are offered by Company on an “as is” basis. With respect to the Website and any Information contained therein, Company makes no representations or warranties in any form or of any kind, express or implied, including but not limited to those of merchantability, fitness for a particular purpose, or
—whether any such guarantees, warranties, conditions and representations would arise under state or federal law, commercial use, or otherwise. You agree that your use is at your own risk and that under no circumstance shall Company be liable for damages of any kind. Although Company strives in good faith to correctly issue the Information, Company Materials and as related to its Services, Company cannot guarantee that all information is accurate and as such, the Company makes not warranties or representations as to its accuracy.
By using this Website, the reader and the audience agree that Company and its owners, contractors, members, officers, employees, agents, or affiliates shall not be liable, directly or indirectly, under any theory of common law, statute, whether contractual in nature or torts, whether under a theory of negligence or otherwise, to the reader, the audience, or anyone else for any claims, losses or damages, whether direct, indirect, special punitive, consequential, incidental or otherwise in nature, or any other losses, costs, or expenses of any kind (which expenses include legal fees, expert fees or any other costs) which may arise, directly or indirectly, though or related to the access to, use of or browsing of this Website even if Company has been advised of such damages or from your reliance on this Website or any materials, resources, or information accessed through this Website.
We make no representations and We assume no responsibility for the accuracy of the Information contained on or made available through this Website. We recommend you confirm any information contained on or through this Website with a duly licensed physician. We do not recommend, endorse, approve or make any representation about the suitability, accuracy, or appropriateness of any specific device, test, product, procedure, surgery, treatment, health opinion, medical providers or other information that may be contained on or made available through this Website.
Company and the Website shall never be liable for any interruption in Internet service or Website functionality and makes no warranty that the Website or Services will uninterrupted,
You may only access the Website through authorized means. You agree that by use of the Website, You assume all risk of damage to your Computer hardware or software including loss of data that may result from your use thereof, including the risk of damage from computer viruses. You acknowledge that the entire and sole risk of using the Website remains completely with You to the maximum extent allowed by applicable law.
COPYRIGHT:
Company reserves all rights. You may read, view, listen to, download, and print any part of this Website for your own personal, non- commercial use. Any other distribution, usage, reproduction, or transmission of the contents and information on this Website without prior approval of Company is prohibited. Company does not grant any express or implied rights to the information or content provided on this Website under any trademark, copyrights, trade secret, or intellectual property rights. The reader is permitted to read, view, listen to, and print as well as to store, distribute, and share the content from this Website under the conditions that doing so (1) is for your personal usage and not for any commercial gain, usage, or distribution, (2) the content is not modified, changed, amended, altered, or manipulated in any way, and (3) these Terms are included with any distribution.
LINKS. Links from this Website may lead to other websites. Such links are offered for the visitor’s guidance and convenience to provide further information. Company does not necessarily sponsor, endorse, or otherwise agree with or approve such linked materials and Companydoes not control or guaranteethe existence, relevance, completeness, or accuracyof any information containedin or accessed by such links. By accessing this Website, You agree that Company has not reviewed all the sites liked to the Website and is not responsible for the content of any
INDEMNIFICATION:
You agree to not use this Website for any illegal purpose or any purpose contrary Company’s Terms. You agree to indemnify, defend, and hold harmless Company, its partners, affiliates, and contributors from any liability, loss, claim, and expense including reasonable attorneys’ fees related to your violation of these Terms and/or your posting or use of materials on this Website. While Company takes reasonable steps to keep the information of this Website accurate and current, Company will not be responsible for any damage or loss related to any inaccuracy, incompleteness, or lack of timeliness of the information.
LIMITATION OF LIABILITY:
In no event shall the owner of this Website, Company or its partners or affiliates or contributors to this Website be liable for any loss or injury, or any damages, whether direct, indirect, special, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access to Website. You hereby waive any and all such claims against the owner of this Website, Company or its partners or affiliates or contributors to this Website. You agree that the restrictions set forth above are material elements of this agreement, and that the Website and its information would not be provided to You in the absence of such limitations. Some state laws may restrict this limitation of liability.
Company’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.
GOVERNING LAW:
These Terms shall be governed by and construed in accordance with the laws of the State of, without giving effect to any principles of conflicts of law. Any dispute between You and Company or between You and the owner of this Website or between You and the owner of this Website and Company regarding the content or use of this Website shall be resolved by arbitration under the Commercial Rules of the American Arbitration Association with all hearings held in Florida in the English language, and shall not be joined with any dispute that any other person or entity may have with Company or the owner of Website. If any provision of these Terms may be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms all of which shall not affect the validity or enforceability of any remaining portion of these Terms.
ENTIRE AGREEMENT. These Terms form a binding contract between You and the respective Website’s owners and operators and there are no other contractsor agreements between You and us. These Terms do not createrights in or for any