Terms of Use

Updated 8 July, 2021

The following terms ("Terms of Use") constitute an agreement between Health Dynamics, and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Health Dynamics, located at https://goandknow.healthdynamics.com/home.

 

Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.

 

DISCLAIMER

We have made every effort to ensure that all information on the Website has been tested for accuracy. We make no guarantees regarding the results that you will see from using the information provided on the Website.

 

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

 

MEDICAL INFORMATION DISCLAIMER

From time to time, the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided "as is" without any representations or warranties, express or implied.

 

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.  All medical information on the Website is for informational purposes only.

 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Health Dynamics reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

 

YOUR RESPONSIBILITY IN USING THE WEBSITE

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Health Dynamics makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Health Dynamics assumes no responsibility for errors or omissions that may appear in the Website.

 

USE OF THE WEBSITE

Unless otherwise stated, Health Dynamics owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

 

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

  • Republication, redistribution, sale, rental, or sub-licensing of content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on the Website;

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

 

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Health Dynamics express written permission.

 

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.

 

You must not use the Website for any third-party marketing without Health Dynamics express written permission.

 

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Health Dynamics or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

 

TRADEMARKS

Health Dynamics trademarks and trade dress may not be used in connection with any product or service that is not Health Dynamics, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Health Dynamics or its owners.

 

From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Health Dynamics makes no claim of ownership.

 

COMMUNICATION

If you send Health Dynamics an email, register to use the Website, or provide your email to Health Dynamics in any other way, you consent to receive communications from Health Dynamics electronically. You agree that all legal notices provided via electronic means from Health Dynamics satisfy any requirement for written notice.

 

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Health Dynamics. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. Health Dynamics assumes no control or liability over the content of any third-party sites. You expressly hold Health Dynamics harmless from any and all liability related to your use of a third-party website.

 

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Health Dynamics harmless from any and all liability in any dispute.

 

NO WARRANTIES

The Website is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Health Dynamics makes no representations or warranties in relation to the Website or the information and materials provided therein.

 

Health Dynamics makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Health Dynamics is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language. 

 

LIMITATION OF LIABILITY

HEALTH DYNAMICS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNITY

You agree to defend, indemnify and hold Health Dynamics, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Health Dynamics suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

 

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Wisconsin. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Milwaukee County, Wisconsin. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

 

The Terms of Use may not be assigned by you without Health Dynamics prior written consent; however, the Terms of Use may be assigned by Health Dynamics in its sole discretion.

 

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Health Dynamics.

 

All notices with respect to the Terms of Use must be in writing and may be via email to website@healthdynamics.com​ for Health Dynamics and to your email address.