Read This Terms of Use Agreement Before Accessing this Website
Effective Date
This Terms of Use Agreement was last updated on August 30, 2007.
The statements below pertain to ALL visitors to this website, ALL subscribers to
lists or newsletters, members, customers, visitors, persons who visit this website
whether intentionally or intentionally, ALL customers - solicited or unsolicited
- ALL are subject to these Terms Of Use. ALL persons excluded from this list are
also covered by these Terms of Use.
This website, its agents, owners, operators, and employees are hereby referred to
as "Website," "Site," "We," "I," "Us," "Our," "My," "I" and/or "Seller".
The Terms of Use Agreement sets forth the standards of use of the Responsive Health
Online Service. By using the ResponsiveHalth.com website, you agree to these terms
and conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right, at
any time, to modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective immediately upon being
posted on www.ResponsiveHealth.com. Your continued use of the Service after amendments
are posted constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
enCircle Media/www.ResponsiveHealth.com is providing you with health information
from publicly available sources, as well as supporting vendors and partnered sources.
While We make every effort to ensure that the information on this Site is accurate,
We make absolutely no assumption, inference, or declaration stating the information
provided should be used as a source influencing any decisions on medical, diagnosis
or treatment, or advice about what providers to use. The Site is an informational
resource used for educational purposes only and cannot be used as a source used
to make medical treatment or lifestyle decisions. Any decision or choice should
be made in consultation with your personal health care providers, whom you choose
based on your own needs.
Disclaimer of Warranties
The site is provided by enCircle Media/www.ResponsiveHealth.com on an “as is” and
on an “as available” basis. WE DO NOT PROMOTE MEDICAL ADVICE. To the fullest extent
permitted by applicable law, enCircle Media makes no representations or warranties
of any kind regarding the use or the results of this Site in terms of its correctness,
accuracy, reliability, or otherwise. enCircle Media/www.Resposnsive.com shall have
no liability for any interruptions in the information provided, including the implied
warranties of merchantability and fitness for a particular purpose and non-infringement.
Under no circumstances will We be responsible for any loss or damage resulting from
anyone's reliance on information or other content posted, downloaded or otherwise
transmitted on this site.
Reliance on representations and warranties provided by any Vendor shall be at your
own risk.
You will indemnify, and hold harmless this website, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys' fees) relating to or arising out of your use of this website
and information contained within it.
Your Use of Content
All of the Content available on or through the Services and/or the Site is owned
by us, our suppliers, and our contributors, and is protected by copyright, trademark,
patent, and trade secret laws, other proprietary rights, and international treaties,
and also may have security components that protect digital information. We give
you permission to use the Content for personal, non-commercial purposes only. You
may not circumvent these built-in usage rules. You may also print, download, and
store articles and other information for your own convenience, but you may not distribute,
republish (except as permitted in this paragraph), sell, mine, exploit, frame or
scrape any of the Content, or exploit the Content for commercial gain.
Posting Guidelines
Responsive Health encourages active participation; however, by joining Responsive
Health’s community, members must agree to take responsibility for their comments,
ensuring content is civil, tasteful and relevant. Responsive Health is dedicated
to providing an atmosphere which constructive and mature dialogue takes place. The
following posting guidelines help enforce proper posting etiquette:
- Treat other members as you would like to be treated – members are prohibited from
posting obscene, harassing, threatening, harmful, insulting and objectionable comments.
Members must display sensitivity towards other members as they, or someone they
know, may be coping with illness.
- Do not impersonate other members or anyone else – Each member is provided a selected
screen name to protect the member’s privacy. Responsive Health reserves the right
to remove members if any type of misrepresentation or impersonation occurs.
- No foreign languages – comments containing languages other than English may be removed.
Responsive Health is a health informational service for the public and must be understandable
to all internet users to stimulate elaborate discussions. Comments in foreign languages
may obstruct an adequate response from other members who may not comprehend what
is being posted; therefore excluding them from participating in an elaborate discussion.
- No advertising – posts must relate to the selected topic and reflect the individual
member’s opinion. Any commercial advertisement promoting products and/or services
will be removed. Responsive Health will tolerate non-commercial advertisements as
it deems appropriate.
- No spamming – members are prohibited from posting the same comment to more than
one discussion or more than once.
- Only include appropriate URLs – Responsive Health will remove inappropriate links
to other websites. Please make sure that any URL listed is relevant to the subject
matter/comment of your recommendation. Inappropriate sites pertain to, but not limited
to, racist material, pornographic or sexually explicit material, potentially defamatory
material, anything that encourages illegal activities, material which infringes
copyright, sites which purely plug or promote commercial products or services without
containing material which enhances the subject matter, or sites which may offend
other members.
- 18 yrs or order – members must be 18 years or older to participate in Responsive
Health discussions. Under-aged member must have written consent from a parent or
legal guardian authorizing member to participate in any Responsive Health discussion.
Links to Other Sites
enCircle Media/www.Responsive.com does provides links and advertisements to third-party
sites. We do not in any way, shape, or form, recommend or endorse any information
on third-party sites. We are not responsible for the content of linked third-party
sites, sites framed within the www.Responsive.com site, third-party sites provided
as search results, or third-party advertisements, and does not make any representations
regarding their content or accuracy. Your use of third-party websites is at your
own risk and subject to the terms and conditions of use for such sites. enCircle
Media/www.Responsive.com does not endorse any product, service, or treatment advertised
on this Site.
Arbitration of Disputes
You and We agree that any and all claims, disputes or controversies between You
and Us, any claim by either of us against the other (or the employees, officers,
directors, agents, servicers or assigns of the other) and any claim arising from
or relating to enCircle Media/www.Responsive.com, or any information or content
you previously or may later obtain from us, by visiting this Site, visitor agrees
to arbitrate all disputes. This agreement constitutes the viewing party not to bring,
join or participate in class actions, regarding misrepresentation of any information,
whether under common law or pursuant to federal, state or local statute, regulation
or ordinance, including disputes regarding the matters subject to arbitration, or
otherwise, shall be resolved by binding individual (and not joint) arbitration by
and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect
at the time the claim is filed. This agreement to arbitrate all disputes shall apply
no matter by whom or against whom the claim is filed.
Additionally, any visitor to this website agrees that the applicable law to be applied
shall, in all cases, be that of the state of California.
Moreover, any visitor to this website agrees that should there be a need for arbitration
for any claim, dispute, or controversy of any kind arising out of or relating to
the use or viewing of this website that the arbiter and the venue for the arbitration
will be at our choosing.
Additionally, any visitor to this site agrees that any costs and fees including
attorney's fees associated with mediation will be the responsibility of the User
or the Site Visitor.
Take-down Procedures
If you feel that any of the content, images, etc. on this site is in violation of
any copyright laws, please email us immediately at info@enCircleMedia.com
with the words copyright infringement in all caps in the subject line.
Please feel free to Contact Us about any of the above statements or concerns that
you may have.
If any provision of this agreement is void or unenforceable in whole or in part,
the remaining provisions of this Agreement shall not be affected thereby.