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Health Mobius Terms Of Use
This Web Site is provided by Health Mobius™. Health Mobius is an interactive, Internet-based health and
wellness site. This section is legalese and is intended to basically tell you that we are providing
information of general interest. We are not making medical claims, you should check with your medical
professional, you can’t use information from this site without first getting permission and we are not
liable for anything.
BY ACCESSING OR USING HEALTH MOBIUS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE HEALTH MOBIUS.
HEALTH MOBIUS RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE
EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW
THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR
USE OF HEALTH MOBIUS SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. DISCLAIMER
The information contained in Health Mobius is presented for the purpose of educating the general public on
weight loss and overall health and wellness. Health Mobius will also include useful links to other sites.
Nothing contained in Health Mobius is intended to be instructional for medical diagnosis or treatment.
The information presented by Health Mobius should not be considered complete, or take the place of a
consultation with a physician or competent healthcare professional for medical diagnosis and/or treatment;
or serve as an endorsement for any medical practice, physician, pharmaceutical product, nutritional product,
medical device, personal trainer or software.
See your physician or other qualified health care provider promptly with any health care related questions.
Always consult with your physician or other qualified health care provider before embarking on any new
treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because
of something you have read in Health Mobius.
The information contained in Health Mobius is compiled from a variety of Information Providers. Neither
Health Mobius nor Information Providers directly or indirectly practice medicine or dispense medical services
as part of Health Mobius.
Weight loss varies with each individual depending on a variety of factors. All testimonies may or may not be
representative of the actual amounts of weight you can or will lose with the products or programs mentioned.
The information is deemed to be of general interest and has not been evaluated by the FDA. None of the products
or programs are intended to diagnose, treat, cure or prevent any disease.
ALL SERVICES AND INFORMATION ARE PROVIDED "AS IS" AND HEALTH MOBIUS DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE OR USE.
HEALTH MOBIUS AND INFORMATION PROVIDERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY WARRANTY AS TO THE RELIABILITY,
ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES. INFORMATION PROVIDERS
CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING
LOSS OF DATA. HEALTH MOBIUS AND INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE
FOR DOWNLOADING FROM THE HEALTH MOBIUS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER
CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
2. OTHER SITES AND SOURCES
You are encouraged to use discretion while browsing the Internet on searches initiated at Health Mobius. Health
Mobius links may lead unintentionally to sites containing information that some people may find inappropriate or
offensive. WE DO NOT WARRANT THE ACCURACY, APPROPRIATENESS, QUALITY OR STABILITY OF THIRD-PARTY INFORMATION THAT
WE LINK TO.
Health Mobius DOES NOT WARRANT THE ACCURACY, APPROPRIATENESS, OR QUALITY OF ANY INFORMATION FROM THIRD PARTIES
PRESENTED ON HEALTH MOBIUS.
3. REVIEW OF POSTINGS & UPLOADS
Health Mobius does not and cannot review all communications and materials posted or uploaded to Health Mobius and
is not responsible for the content of these communications and materials. However, Health Mobius reserves the
right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive,
libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or
trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Health Mobius.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS
PROFESSIONAL ADVICE OR INSTRUCTION.
4. LIMITED LICENSE
By this Agreement, Health Mobius grants, subject to the terms of this Agreement, only a limited, non-transferable
and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use Health
Mobius in real time and to use the materials in Health Mobius in a manner consistent with paragraph 9 (Copyright) below.
5. USER'S AGREEMENT
You agree to: (a) maintain all equipment required for your access to and use of Health Mobius; (b) maintain the
security of your user identification, password and other confidential information relating to your Health Mobius
account; and (c) be responsible for all charges resulting from use of your Health Mobius account, including unauthorized
use prior to your notifying Health Mobius of such use and taking steps to prevent its further occurrence by changing your
password.
6. COMMUNICATIONS ONLINE
6.01 Your participation in online communications occurs in real time and is not edited, censored, or otherwise controlled
by Health Mobius. Health Mobius cannot and does not screen content provided by you to Health Mobius. Notwithstanding the
foregoing, Health Mobius reserves the right to monitor content on Health Mobius and to remove content that Health Mobius,
in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Health Mobius's
operating policies for users of Health Mobius ("Users").
6.02 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and
otherwise use Health Mobius as permitted by this Agreement, Health Mobius 's operating policies and applicable law. Files
that you upload, public messages that you send and your activity in conferences and chats are subject to review,
modification and deletion without notice by the forum manager responsible for the Health Mobius area where your uploading
or other activity takes place (or by an individual designated by such forum manager for such purpose). Health Mobius's
operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, forums
(a.k.a. "BBSs") and other matters are available and/or will be made available online. Health Mobius reserves the right in
its sole discretion to change such policies at any time. Files uploaded to a forum may be subject to posted limitations on
usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
6.03 You are responsible for your communications and your use of Health Mobius. You may not, under any circumstances, do any
of the following: (a) use simultaneous, unattended or continuous connections to Health Mobius with one account; (b) post or
transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is
indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property
rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential or
proprietary information, and trademarks or service marks used in an infringing fashion; (e) use Health Mobius to threaten,
harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f)
intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or
other Internet users for any purpose other than personal communication, including to advertise or offer unsolicited to sell
goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message,
or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly
permitted by Health Mobius); (h) send unsolicited email messages through third-party mail servers in order to relay your email
or hide the origination of your email to others; (i) upload or download files that contain software or other material protected
by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights
to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any
author attributions, legal notices or proprietary designations or labels in a file that you upload to a forum or Health Mobius;
(l) falsify the source or origin of software or other maerial contained in a file that you upload to a forum or Health Mobius;
(m) use Health Mobius in a manner that adversely affects the availability of its resources to other Users; (n) use, download or
otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to Health Mobius, the User
directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by
Health Mobius); (o) falsely purport to be an employee or agent of Health Mobius (p) cause repeated disruptive incidents; or (q)
act, or fail to act, in your use of Health Mobius, in a manner that is contrary to applicable law or regulation. In addition,
you may not post or transmit any message that is harmful, threatening, abusive or hateful. It is not the intent of Health Mobius
to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in Health Mobius,
nonetheless, Health Mobius reserves the right to take such action as it deems appropriate in cases where Health Mobius is used
to disseminate statements that are deeply or widely offensive and/or harmful. Each time you upload a file on Health Mobius, you
represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every
other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may
result in civil or criminal liability.
7. USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into
this Agreement and to use Health Mobius in accordance with this Agreement. You agree to be responsible for your use of Health
Mobius (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities
and obligations as stated in this Agreement.
8. CONTENT
You acknowledge that statements made in Web sites, newsgroups, message boards, email, forums, conferences and chats reflect
only the views of their authors, and that forum managers, forum hosts, or Partners appearing on Health Mobius are not
authorized Health Mobius spokespersons, and their views do not necessarily reflect those of Health Mobius.
9. COPYRIGHT
The entire contents of Health Mobius are copyrighted as a collective work under the laws of United States and other copyright
laws. Health Mobius holds the copyright in the collective work. The collective work includes works that are the property of
the Information Providers, which are also protected by copyright and other intellectual property laws. You may display and,
subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material
from the different areas of Health Mobius solely for your own non-commercial use, unless otherwise permitted (e.g., in the
case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly
prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary
notices from materials downloaded from Health Mobius.
10. LICENSES AND IDEA SUBMISSIONS
You agree to grant to Health Mobius a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or improved products or services) you submit to
public areas of Health Mobius(such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter
developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such
materials and information are original with you, or that you have the right to submit such materials and information. You
agree that you shall have no recourse against Health Mobius for any alleged or actual infringement or misappropriation of
any proprietary right in your communication to us.
11. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HEALTH MOBIUS., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION
PROVIDERS, LICENSORS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S
FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD
PARTIES' INTELLECTUAL PROPERTY RIGHTS, WHEREVER ARISING, OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING
Health Mobius USING YOUR SERVICE ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
12. WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER HEALTH MOBIUS , NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, LICENSORS OR
SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF HEALTH
MOBIUS. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HEALTH MOBIUS, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF
HEALTH MOBIUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU
SUSTAIN IN CONNECTION WITH YOUR USE OF HEALTH MOBIUS.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF HEALTH MOBIUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS, LICENSORS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR
THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL HEALTH MOBIUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL
OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE
INFORMATION OR OTHER PARTS OF HEALTH MOBIUS ARE HEREBY EXCLUDED EVEN IF HEALTH MOBIUS, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. THIRD PARTY RIGHTS
The provisions of paragraphs 11 (Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for the benefit
Health Mobius and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these
individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. TERM; TERMINATION
Either you or Health Mobius may terminate your right to use Health Mobius at any time, with or without cause, upon notice.
Health Mobius also reserves the right to terminate or suspend your Health Mobius membership without prior notice, but Health
Mobius will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 9 (Copyright), 10
(License, and Idea Submission), 11 (Indemnification), 12 (Waiver, Release and Limitation of Liability), 13 (Third Party
Rights), and 15 (Miscellaneous) shall survive any termination of this Agreement.
15. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any cause of action
or claim you may have with respect to Health Mobius must be commenced within one (1) year after the claim or cause of action
arises. Health Mobius 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right hereunder. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Health Mobius may assign its rights and duties under this
Agreement to any party at any time without notice to you.
16. NOTICE
Health Mobius may deliver notice to you under this Agreement by means of electronic mail, a general notice on Health Mobius,
or by written communication delivered by first class U. S. mail to your address on record in Health Mobius 's account
information. You may give notice to Health Mobius at any time via electronic mail to Health Mobius or by letter delivered by
first class postage prepaid U. S. mail or overnight courier to the following address:
Health Mobius
7223 S. Route 83 #198
Willowbrook, IL 60521
Electronic Mail: info@healthmobius.com
17. SEVERABILITY
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or
unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining
provisions hereof.
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