DISCLAIMER OF SERVICES RELATING TO HEALTHCARE
Welcome to www.melissamongoven.com, a website operated and managed by Melissa Mongoven and Health Savvy.
Melissa Mongoven and The Company (“Health Savvy”/“us”/”we”/”our”) does not act as any registered or licensed professional, including without limitation doctors, nutritionists, dietitians or psychologists.
As such, The Participant (“You”/Your”) accepts that we do not provide healthcare, nutritional or medical therapy, and that we cannot provide diagnoses, treatments or cures for any conditions, diseases, physical or mental ailments or other health conditions whatsoever. You have elected to use our services of your own free will, and you understand that all information provided to you by us is not to be construed as professional medical advice, and should not replace or counteract any advice provided to you by licensed or registered professional health care providers.
YOUR RESPONSIBILITY AND AGREEMENT TO HOLD HARMLESS
You accept full responsibility for your own well-being, and also the well-being of others if applicable, with relation to decisions made by you both during the program, and after the program is complete. You fully assume any and all risks associated with the program, regardless of whether risks initially arose from, or were increased by, actions taken by our staff. You agree to hold harmless us, our directors and officers, our executors, our assigns and administrators, our shareholders, our lecturers and teachers, our employees, our agents, staff, health coaches and all other persons under our employment (“The Releasees”) from all and any liabilities, causes of action, damages, lawsuits, claims or allegations, sums of money and any demands made at all whether in law, equity, tort or admiralty that you may have in the future or in the present against the Releasees, where related to your past, present or future use of or participation in the program, unless such a claim relates to gross negligence by one or all of the Releasees.
If the above statement and agreement is not acceptable to you, you must not commence the services or products offered on the website, and instead must immediately stop using the services. Your commencement of the services constitutes your agreement and acceptance to the above statement.
Disclaimer: We provide information for the purposes of education only. The information we provide should not be construed as a replacement for conversations or advice with qualified health care professionals, who are able to provide you with an individual diagnosis. The information contained within this website is not and should not be construed as diagnoses, treatments, cures or preventatives against any disease or illness. The statements made on this website have not been subject to FDA evaluation. We cannot be held liable for omissions, errors or inaccuracies in the content of this website.
General Terms & Conditions
Acceptance: Your use of this website and the services contained herein constitutes your agreement to be bound by these stated Terms and Conditions (the “Terms”). Additionally, your use of the website and services also constitutes your agreement to be bound by any usage requirements imposed by us at any time. You agree that you will only make use of the services in accordance with these requirements. If you are not in agreement with these Terms, your right to use the services is revoked, and you must immediately discontinue usage of the website.
The services listed on this website contain information that relates to various health topics, including without limitation general wellness, exercise and nutrition. This information is provided for the purpose of education only. It should not be understood as a replacement for professional medical advice, treatment, judgment or diagnosis of any health problem or condition you may have. The services do not contain comprehensive information regarding any singular medical condition or disease. You should not rely on any information contained within the services in order to treat or diagnose any health problem. Your usage of our services does not create a doctor-patient relationship between you and us, whether expressly or by implication.
Correct treatment of any health condition is reliant on various factors, including without limitation your individual medical history, your lifestyle, your diet, and the impact of any medication you take. Your own healthcare provider is best placed to diagnose, assess and treat your own healthcare needs. We recommend that you speak to your own healthcare provider before commencing any new fitness or diet regimen. We do not recommend that you make decisions about your healthcare, or take any actions relating to your health, or delay or avoid obtaining professional medical advice, because of the content of any information contained on this website or within the services.
In accordance with these Terms, we grant you a non-exclusive, non-assignable, non-transferable limited license (specifically excluding the right to sub-license) to use our services, including the right to install and make use of one copy of our app on your chosen device in the form of machine executable object code, for your own use solely. Our service is not sold to you, but licensed, in accordance with these Terms. You do not have any right of ownership to the software or any matter relating to the software, any functionality or services provided by any aspect of the software, or any documentation related to the services. We retain all rights, titles, interests to and in the original, and any duplicates, of the services, including without limitation any modifications, corrections, or changes made thereto).
Third Party Links and Materials
Our services may contain, include, display or otherwise make available data, materials, information, applications or other content from Third Parties (hereafter “Third Party Materials”). Our services may also offer links to websites belonging to Third Parties. All Third Party websites and Third Party Materials are outside Health Savvy’s control, and as such we are not responsible for the content, availability of the content, or performance of any such website, and nor are we responsible for the materials or services contained of or in these Third Party Materials or websites. Our provision of these Third Party Materials does not constitute our endorsement of said content, nor the Third Party providing said content, nor any services or goods made available via the Third Party, or their affiliates or operators. It is your own responsibility to read and comply with the terms, conditions and privacy statements of each individual Third Party website. We therefore disclaim any and all responsibility for the currency, availability, accuracy or completeness or any information or content provided to you by any Third Party.
Trademarks, Copyrights, Content and Other Restrictions
The rights granted to you under these Terms are limited. You cannot assign the Terms, or any right or license granted by the Terms, nor rent, lease, sell, distribute, sub-license, license, lend, grant or otherwise transfer any right related to the services to any individual or entity either in whole or part. Any attempt to do so constitutes a violation of the Terms, rendering them void, and terminating our agreement with you.
You confirm your understanding that these services contain patented inventions, proprietary trade secrets and technologies with patents pending which are owned by us, and ours suppliers and licensors. You are prohibited from copying, reproducing, porting, translating, modifying, distributing, scraping, creating derivative works based upon, or duplicating in any other fashion the services either in whole or in part. You are further prohibited from decompiling, disassembling, reverse engineering or making any other attempt to identify, derive, deconstruct or discover the source code, user interface algorithms or techniques or any other underlying ideas or the services via any means, or removing or attempting to remove any marks, labels or proprietary notices from the services, or knowingly taking action that would result in the services entering public domain.
You confirm that you will only use the services for purpose conducted lawfully. You are prohibited from interrupting or attempting to interrupt the operations of the services in any manner. Any action taken by you that, at our sole discretion, interferes, inhibits or restricts the ability of any other individual to use the services, or infringes the privacy of any such individual, is also prohibited and will not be tolerated. This includes without limitation defacing or hacking any aspect of the services or content, or flooding, spamming or participating in any disruptive activity whatsoever. You may not communicate on or via the services any words, content or material which is harmful, illegal, threatening, offensive, libellous, abusive, vulgar, defamatory, harassing, profane, obscene, fraudulent, hateful, homophobic, racist, sexist, sexually explicit or otherwise undesirable. This includes without limitation any content or materials that encourage the committing of criminal acts, are likely to incite civil liability, or would otherwise be in violation of any and all applicable laws, be they local, national, state or international.
Our services are provided on an “as is”, “with all faults” and “as available” basis. All risks associated with the performance or quality of the services rest with you. In the event that the services prove to be defective, you assume responsibility for the costs of any necessary repairs or servicing.
Any and all warranties relating to the services, whether implied or express, including without limitation the warranties of non-infringement, merchantability, and fitness for any use or purpose are expressly disclaimed.
Health Savvy, along with its suppliers, do not make any guarantees, and disclaim all implied warranties and representations regarding the accuracy, timeliness, completeness and relevance of the services. We do not warrant in any way that the services will meet your individual requirements, nor that they will at all times be available, nor that the services will remain free of error or interruption. We do not guarantee that any errors within the services or documentation relating to the services will be corrected at any time. You accept that the provisions within these terms are a consideration and material inducement to us to grant the license contained within these terms, and to provide you with access to our services.
To the fullest extent that the law permits, and regardless of the form of action taken, in no event can Health Savvy or its agents, licensors or suppliers be made liable for any indirect, direct, consequential, special, punitive or incidental damages which may arise from these terms, your usage or inability to use our services, or your usage or reliance placed on any data or information accessed by you in connection with your using our services, even if we have been advised that such damages may be possible.
Jurisdictions exist that do not permit the exclusion of some warranties, or the exclusion or limitation of liability for consequential or incidental damages. In accordance, some limitations and disclaimers listed above may not be applicable to you. In the event that we may not disclaim said warranties or limitations as a matter of applicable law, the duration or scope of any such warranty, and the extent of Health Savvy’s liability, will be equal to no more than the sum paid to us by the user in return for access to the services, or the minimum that such applicable law permits.
You state and confirm that you shall hold harmless, indemnity and defend Melissa Mongoven and Health Savvy, along with its directors, officers, agents, employees, third party partners and suppliers against and from any and all expenses, damages, losses and costs; including reasonable attorney’s fees; arising from your usage of the services, or resultant from your violation of these Terms, to the full extent permitted by any applicable law.