Terms Of Use
The SecretHealthStuffs website is a copyrighted work belonging to SecretHealthStuffs. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and
rules are incorporated by reference into these Terms.
These Terms of Use described the legally
binding terms and conditions that oversee your use of the Site. BY LOGGING
INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that
you have the authority and capacity to enter into these Terms. YOU SHOULD
BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE
PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration
Section 10.2 on an individual basis to resolve disputes and also limit the
remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. The company grants
you a non-transferable, non-exclusive, revocable, limited license to access the
Site solely for your own personal, non-commercial use.
Certain Restrictions. The rights
approved to you in these Terms are subject to the following restrictions: (a)
you shall not sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially exploit the Site; (b) you shall not change, make
derivative works of, disassemble, reverse compile or reverse engineer any part
of the Site; (c) you shall not access the Site in order to build a similar or
competitive website; and (d) except as expressly stated herein, no part of the
Site may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to functionality of
the Site shall be subject to these Terms. All copyright and other
proprietary notices on the Site must be retained on all copies thereof.
The company reserves the right to change,
suspend, or cease the Site with or without notice to you. You approved
that Company will not be held liable to you or any third party for any change,
interruption, or termination of the Site or any part.
No Support or Maintenance. You agree
that Company will have no obligation to provide you with any support in
connection with the Site.
Excluding any User Content that you may
provide, you are aware that all the intellectual property rights, including
copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by Company or Company’s suppliers. Note that these Terms and access
to the Site do not give you any rights, title, or interest in or to any
intellectual property rights, except for the limited access rights expressed in
Section 2.1. Company and its supplier's reserve all rights not granted in these
Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site
may contain links to third-party websites and services, and/or display
advertisements for third parties. Such Third-Party Links & Ads are
not under the control of the Company, and Company is not responsible for any
Third-Party Links & Ads. The company provides access to these Third-Party
Links & Ads only as a convenience to you and does not review, approve,
monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You use all Third-Party Links & Ads at
your own risk and should apply a suitable level of caution and discretion in
doing so. When you click on any of the Third-Party Links & Ads, the
applicable third party’s terms and policies apply, including the third party’s
privacy and data gathering practices.
Other Users. Each Site user is solely
responsible for any and all of its own User Content. Because we do not
control User Content, you acknowledge and agree that we are not responsible for
any User Content, whether provided by you or by others. You agree that
Company will not be responsible for any loss or damage incurred as the result
of any such interactions. If there is a dispute between you and any Site
user, we are under no obligation to become involved.
You hereby release and forever discharge
the Company and our officers, employees, agents, successors, and assigns from,
and hereby waive and relinquish, each and every past, present, and future
dispute, claim, controversy, demand, right, obligation, liability, action, and
cause of action of every kind and nature, that has arisen or arises directly or
indirectly out of, or that relates directly or indirectly to the Site. If you
are a California resident, you hereby waive California civil code section 1542
in connection with the foregoing, which states: "a general release does
not extend to claims which the creditor does not know or suspect to exist in
his or her favor at the time of executing the release, which if known by him or
she must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any
other website, SecretHealthStuffs uses ‘cookies. These cookies are used to
store information including visitors’ preferences, and the pages on the website
that the visitor accessed or visited. The information is used to optimize the
users’ experience by customizing our web page content based on visitors’
browser type and/or other information.
Google DoubleClick DART Cookie. Google
is one of the third-party vendors on our site. It also uses cookies, known as DART
cookies, to serve ads to our site visitors based upon their visit to
www.website.com and other sites on the internet. However, visitors may choose
to decline the use of DART cookies by visiting the Google ad and content
network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some of the advertisers on our site may use cookies and web beacons. Our advertising
partners are listed below. Each of our advertising partners has its own
Privacy Policy for its policies on user data. For easier access, we
hyperlinked to their Privacy Policies below.
Google
https://policies.google.com/technologies/ads
Disclaimers
The site is provided on an
"as-is" and "as available" basis, and the company and our
suppliers expressly disclaim any and all warranties and conditions of any kind,
whether express, implied, or statutory, including all warranties or conditions
of merchantability, fitness for a particular purpose, title, quiet enjoyment,
accuracy, or non-infringement. We and our suppliers make not guarantee
that the site will meet your requirements, will be available on an uninterrupted,
timely, secure, or error-free basis, or will be accurate, reliable, free of
viruses or other harmful code, complete, legal, or safe. If applicable
law requires any warranties with respect to the site, all such warranties are
limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the
exclusion of implied warranties, so the above exclusion may not apply to
you. Some jurisdictions do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in
no event shall Company or our suppliers be liable to you or any third-party for
any lost profits, lost data, costs of procurement of substitute products, or
any indirect, consequential, exemplary, incidental, special or punitive damages
arising from or relating to these terms or your use of, or incapability to use
the site even if the company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and
risk, and you will be solely responsible for any damage to your device or
computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law,
notwithstanding anything to the contrary contained herein, our liability to you
for any damages arising from or related to this agreement, will at all times be
limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more
than one claim will not enlarge this limit. You agree that our suppliers
will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this
Section, these Terms will remain in full force and effect while you use the
Site. We may suspend or terminate your rights to use the Site at any time
for any reason at our sole discretion, including for any use of the Site in
violation of these Terms. Upon termination of your rights under these
Terms, your Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may
involve the deletion of your User Content associated with your Account from our
live databases. The company will not have any liability whatsoever to you for
any termination of your rights under these Terms. Even after your rights
under these Terms are terminated, the following provisions of these Terms will
remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Policy.
The company respects the intellectual property
of others and asks that users of our Site do the same. In connection with
our Site, we have adopted and implemented a policy respecting copyright law
that provides for the removal of any infringing materials and for the
termination of users of our online Site who are repeated infringers of
intellectual property rights, including copyrights. If you believe that
one of our users is, through the use of our Site, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent:
your physical or electronic signature;
identification of the copyrighted work(s)
that you claim to have been infringed;
identification of the material on our
services that you claim is infringing and that you request us to remove;
sufficient information to permit us to
locate such material;
your address, telephone number, and e-mail
address;
a statement that you have a good faith
belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
a statement that the information in the
notification is accurate, and under penalty of perjury, that you are either the
owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please note that pursuant to 17 U.S.C. §
512(f), any misrepresentation of material fact in a written notification
automatically subjects the complaining party to liability for any damages,
costs, and attorney’s fees incurred by us in connection with the written
notification and allegation of copyright infringement.
General
These Terms are subject to occasional
revision, and if we make any substantial changes, we may notify you by sending
you an e-mail to the last e-mail address you provided to us and/or by
prominently posting notice of the changes on our Site. You are
responsible for providing us with your most current e-mail address. In
the event that the last e-mail address that you have provided us is not valid
our dispatch of the e-mail containing such notice will nonetheless constitute
effective notice of the changes described in the notice. Any changes to
these Terms will be effective upon the earliest of thirty (30) calendar days
following our dispatch of an e-mail notice to you or thirty (30) calendar days
following our posting of notice of the changes on our Site. These changes
will be effective immediately for new users of our Site. Continued use of
our Site following notice of such changes shall indicate your acknowledgment
of such changes and agreement to be bound by the terms and conditions of such
changes. Dispute Resolution. Please read this Arbitration Agreement carefully.
It is part of your contract with the Company and affects your rights. It
contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION
WAIVER.
Applicability of Arbitration Agreement. All
claims and disputes in connection with the Terms or the use of any product or
service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis
under the terms of this Arbitration Agreement. Unless otherwise agreed
to, all arbitration proceedings shall be held in English. This
Arbitration Agreement applies to you and the Company, and to any subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and
assigns, as well as all authorized or unauthorized users or beneficiaries of
services or goods provided under the Terms.
Notice Requirement and Informal Dispute
Resolution. Before either party may seek arbitration, the party must first
send to the other party a written Notice of Dispute describing the nature and
basis of the claim or dispute and the requested relief. A Notice to the
Company should be sent to: SecretHealthStuffs.blogspot.com. After the Notice is
received, you and the Company may attempt to resolve the claim or dispute
informally. If you and the Company do not resolve the claim or dispute
within thirty (30) days after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer made by any
party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award to which either party is entitled.
Arbitration Rules. The arbitration shall
be initiated through the American Arbitration Association, an established
alternative dispute resolution provider that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall
agree to select an alternative ADR Provider. The rules of the ADR
Provider shall govern all aspects of the arbitration except to the extent such
rules are in conflict with the Terms. The AAA Consumer Arbitration Rules
governing the arbitration are available online at adr.org or by calling the AAA
at 1-800-778-7879. The arbitration shall be conducted by a single,
neutral arbitrator. Any claims or disputes where the total amount of the
award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be
resolved through binding non-appearance-based arbitration, at the option of the
party seeking relief. For claims or disputes where the total amount of
the award sought is Ten Thousand U.S. Dollars (the US $10,000.00) or more, the
right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence unless
you reside outside of the United States, and unless the parties agree
otherwise. If you reside outside of the U.S., the arbitrator shall give
the parties reasonable notice of the date, time, and place of any oral hearings.
Any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction. If the arbitrator grants you an award that is
greater than the last settlement offer that the Company made to you prior to
the initiation of arbitration, the Company will pay you the greater of the
award or $2,500.00. Each party shall bear its own costs and disbursements
arising out of the arbitration and shall pay an equal share of the fees and
costs of the ADR Provider.
Additional Rules for Non-Appearance Based
Arbitration. If non-appearance-based arbitration is elected, the
arbitration shall be conducted by telephone, online, and/or based solely on
written submissions; the specific manner shall be chosen by the party
initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If you or the Company
pursues arbitration, the arbitration action must be initiated and/or demanded
within the statute of limitations and within any deadline imposed under the AAA
Rules for the pertinent claim.
Authority of Arbitrator. If
arbitration is initiated, the arbitrator will decide the rights and liabilities
of you and the Company, and the dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator shall
have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under
applicable law, the AAA Rules, and the Terms. The arbitrator shall issue
a written award and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same
authority to award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon you and
the Company.
Waiver of Jury Trial. THE PARTIES
HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE
A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and
disputes shall be resolved by arbitration under this Arbitration
Agreement. Arbitration procedures are typically more limited, more
efficient, and less expensive than rules applicable in a court and are subject
to very limited review by a court. In the event, that any litigation should
arise between you and the Company in any state or federal court in a suit to
vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE
ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute is resolved by a
judge.
Waiver of Class or Consolidated Actions. All
claims and disputes within the scope of this arbitration agreement must be
arbitrated or litigated on an individual basis and not on a class basis, and
claims of more than one customer or user cannot be arbitrated or litigated
jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the
arbitration proceeding shall be strictly confidential. The parties agree
to maintain confidentiality unless otherwise required by law. This
paragraph shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an arbitration
award, or to seek injunctive or equitable relief.
Severability. If any part or parts of
this Arbitration Agreement are found under the law to be invalid or
unenforceable by a court of competent jurisdiction, then such specific part or
parts shall be of no force and effect and shall be severed and the remainder of
the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the
rights and limitations set forth in this Arbitration Agreement may be waived by
the party against whom the claim is asserted. Such waiver shall not waive
or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This
Arbitration Agreement will survive the termination of your relationship with the Company.
Small Claims Court. Nonetheless the
foregoing, either you or the Company may bring an individual action in small
claims court.
Emergency Equitable Relief. Anyhow of the
foregoing, either party may seek emergency equitable relief before a state or
federal court in order to maintain the status quo pending arbitration. A
request for interim measures shall not be deemed a waiver of any other rights
or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud and Abuse
Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark, or trade secrets shall not be subject to this Arbitration
Agreement.
In any circumstances where the foregoing
Arbitration Agreement permits the parties to litigate in court, the parties
hereby agree to submit to the personal jurisdiction of the courts located
within Netherlands County, California, for such purposes.
The Site may be subject to U.S. export
control laws and may be subject to export or import regulations in other
countries. You agree not to export, re-export, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products utilizing
such data, in violation of the United States export laws or regulations.
The company is located at the address in
Section 10.8. If you are a California resident, you may report complaints to
the Complaint Assistance Unit of the Division of Consumer Product of the
California Department of Consumer Affairs by contacting them in writing at 400
R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The
communications between you and Company use electronic means, whether you use
the Site or send us emails, or whether the Company posts notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal
obligation that such communications would satisfy if it were in a hard copywriting.
Entire Terms. These Terms constitute the
entire agreement between you and us regarding the use of the Site. Our failure
to exercise or enforce any right or provision of these Terms shall not operate
as a waiver of such right or provision. The section titles in these Terms are
for convenience only and have no legal or contractual effect. The word
"including" means "including without limitation". If any
provision of these Terms is held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. Your relationship with Company is that of
an independent contractor, and neither party is an agent or partner of the
other. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void. The company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
Please read our PrivacyPolicy.
Copyright/Trademark Information. Copyright
©. All rights reserved. All trademarks, logos, and service marks displayed
on the Site are our property or the property of other third parties. You are
not permitted to use these Marks without our prior written consent or the
consent of such a third party that may own the Marks.