Terms of Service
TERMS OF SERVICE
This website (www.healthtotherescue.com) is operated by Health to the Rescue, LLC. Throughout the website and these Terms of Service “we,” “us,” and “our” refer to Health to the Rescue, LLC (hereinafter, “Health to the Rescue”) and “you” and “your” refer to you, the user, including without limitation users who are browsing this website, purchasing any products, establishing an account, or posting comments or submissions. Health to the Rescue offers this website, including all information, products, tools, and services available from this website (“Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service,” “Terms”).
Please read these Terms of Service carefully before using our website. By using any part of the website, you agree to be bound by the terms, conditions, and policies contained herein and acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your access to and use of the Services and receipt of data, materials, and information available at or through the Services, the possibility of Our use or display of User Submissions (as defined below) and the possibility of the publicity and promotion from Our use or display of User Submissions.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right at any time to modify or discontinue our Services (or any part or content thereof) without notice at any time. Any new features or tools which are added to the current website and store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
II. NO MEDICAL ADVICE OR REPRESENTATIONS OR WARRANTIES REGARDING INFORMATION PROVIDED
Health to the Rescue makes no representations regarding medical advice, diagnosis or treatment of any symptom, condition, disease, or illness. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This site may contain certain historical information which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Any reliance on the material on this site is at your own risk
Some portions of the Services may allow you to submit questions either to us, to other account holders, or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Service, neither our employees, other account holders, nor other third parties are authorized to provide medical or other professional advice through the Services. Health to the Rescue makes no representations as to the qualifications of any account holder or third party who provides information through the Services to the extent the qualifications of such third party are provided. As a result, you should never use the information you obtain from the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain regarding the Services. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements. Please do not disregard or delay any medical advice based upon any information included on the Service.
Statements found on the Services have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.
III. PURCHASE OF PRODUCTS AND SERVICES
The Services allow you to purchase products or services. To purchase any products or services through the Services, you must: (a) be at least the age of majority in your state or province of residence, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge such credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Services.
If you wish to purchase any product or service made available through the Services ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
In offering product descriptions, answers or recommendations on the Services, we attempt to be accurate, but we do not warrant that any product description, answer, information, or recommendation is accurate, error-free, complete, or not out of date, nor do we represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in accordance with our Return Policy. Likewise, we attempt to list the current price for each product that we sell, but a product may be mispriced. In these cases, we will notify you of the corrected price before shipping and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.
Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Prices for our products are subject to change without notice. We reserve the right, but are not obligated, to limit or cancel the sales of our products or Services for any order and to any person, household, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. By placing an order, you represent that the products ordered are for your personal use, not for further distribution and will be used only in a lawful manner. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from Our website.
IV. CHARITABLE CONTRIBUTIONS.
Part of the purchase price of each of our products shall be contributed to one or more charitable organizations that work against human trafficking. After the end of each fiscal year, we tally the net number of units sold and contribute $5.00 U.S. per unit to a 501(c)(3) charity we determine in our sole judgement to be effective in the fight against human trafficking.
All Health to the Rescue orders are shipped via trustworthy carriers such as USPS, UPS, or FedEx. Shipping cost is calculated based on the destination, weight and shipping service and is displayed during the checkout process. We do not add additional fees to shipping charges paid. Depending on your location, your order will generally arrive 3-10 business days after it is processed, depending on circumstances. When your order is placed, we will ship it to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on our website. As a result, risk of loss and title for items purchased from us will pass to you upon our delivery of the purchased items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For large orders and backorders, we may split your order into several packages. You will not incur additional shipping charges when this happens. We reserve the right, in our sole discretion, to change our shipping terms and conditions at any time. It is your responsibility to check our shipping terms and conditions periodically for any changes we may make. Your continued use of the Services following the posting of changes to our shipping terms and conditions means you accept the changes.
VI. OUR RETURN POLICY
We want to make sure you are completely satisfied with Our products.
We recommend contacting us by email firstname.lastname@example.org as your first step if you are unhappy with your purchase. We may not require you to return the item in order to resolve your complaint.
If not completely satisfied, our domestic customers may return products within three months of the date of purchase with a short explanation for their return and we will promptly refund your payment. Once your return has been received, a credit or refund will be issued.
To return a purchase simply send it to:
Health to the Rescue, LLC
625 Crown Pointe Ln, Suite 106
Rock Hill, SC 29730
We will not be responsible for shipping and handling on returned items. We recommend using UPS or insured mail for returns as we cannot be responsible for items that do not arrive at our warehouse.
If you have any questions about our domestic return policy or about a specific return, email us at email@example.com, or call our Customer Service department at 803-792-1065.
We reserve the right, in our sole discretion, to change our return policy at any time by posting revised terms to our Return Policy. It is your responsibility to check periodically for any changes we may make to this policy. Your continued use of the Services following the posting of changes to this policy or other terms means you accept the changes.
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share Health to the Rescue coupons and promotional codes. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse, or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.
Special terms may apply to some features offered through the Services, such as rules for particular coupons, contests, or sweepstakes or other features or activities. These special terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms. Your use of those coupons or features or participation in such contests, sweepstakes, or other promotions constitutes your acceptance of the rules and special terms applicable to those features.
VIII. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
IX. THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
X. YOUR LICENSE TO ACCESS & USE THE SERVICES AND OWNERSHIP
The content, information, software, designs, materials, functions, and data included in and contained on the Services ("Content") are protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Services.
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Services only for your personal, non-commercial use, or in connection with your authorized purchase of our products. In connection with these uses, Health to the Rescue grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Services on a personal computer, mobile device or other Internet enabled device (each, an "Internet Device"), provided that You: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests Your association with any of our products, services or brands. Any business use or automated use of our Services by you is prohibited.
We reserve all rights in the content and the Services that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from, the Services or any Content unless you obtain our prior written approval. You also may not use the Services in a way that could harm us or any third party. For example, you may not use the Services in a way that could:
• Damage or interfere with the proper working of the Services;
• Access or intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
• Give you access to the Services or Content using any interface other than the interface that we provide, or attempt to "scrape" or "harvest" Content, except if you use a "robot" program in connection with a bona fide internet search engine and we do not instruct you not to access the Services using that program;
• Frame the Services, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
• Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that We have made such claims; or
• Otherwise adversely impact the operation of the Services, Health to the Rescue, or any third party.
In addition to our other legal rights, we may limit or terminate your license to use the Services, or certain features of the Services, at any time and for any reason, without prior notice to you, including our belief that you violated these Terms.
XI. REGISTRATION & ACCESS RESTRICTIONS
You may be required to register for an account with us in order to use certain features of the Services. If You elect to take advantage of such features, you must register through the Services by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Services. By registering through the Services, you represent that you have provided true, accurate, current and complete information about yourself and have updated such information to the extent the Services permit such updates. You agree to use limited-access portions of the Services only using access credentials that we have issued to you. It is your responsibility to exit your account at the end of each session in which you have logged-in to the Services.
You must maintain the confidentiality of any access credentials that we issue to you. You may not share them with any other person. You must notify Health to the Rescue immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
XII. USER SUBMISSIONS
The Services may allow you to submit, post, embed, display, transmit, or otherwise distribute audio, images, video, or text as a part of our online community or otherwise (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to Health to the Rescue a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit your user Submissions throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses of User Submissions, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive any moral rights (including attribution and integrity) that You may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. You understand that you will not receive any fees, sums, consideration, or remuneration of any kind for any of the rights granted in this Section.
On Health to the Rescue’s social media sites, you further represent and warrant that you have the permission of any individuals depicted in photographs, videos or recordings that you submit to the Services to use their likeness and/or voice, as well as all other legal rights necessary to grant the license above to Health to the Rescue.
We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from disclosure. Except as otherwise required by law, you agree that: (a) your User Submissions will be treated as non-confidential-regardless of whether you mark them "confidential," "proprietary," or the like - and will not be returned, and (b) Health to the Rescue does not assume any obligation of any kind to you or any third party with respect to your User Submissions. Upon Health to the Rescue's request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms. You acknowledge that the Services may be subject to breaches of security and that you are aware that submissions of User Submissions may not be secure, and you will consider this before submitting any User Submissions.
Any unsolicited ideas and materials regarding our Services that you post on or send to us via the Services are deemed User Submissions and licensed to us as set forth above. In addition, Health to the Rescue retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Health to the Rescue's receipt of your unsolicited ideas and materials is not an admission by Health to the Rescue of their novelty, priority, or originality, and it does not impair Health to the Rescue's right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their unsolicited ideas and materials. Health to the Rescue will not pay or otherwise compensate you for any of your ideas or materials in any communications with us, whatsoever.
By providing User Submissions through the Services, you represent, warrant and covenant that You own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant and covenant that the User Submissions will:
• Be truthful, complete and accurate and will comply with these Terms and all applicable laws;
• Be original, with Your having the right, or all necessary rights from third parties in order, to post the User Submissions on our Services, without the need for any permission from or payment to any other person or entity to exploit, and to authorize us to exploit, such User Submissions in all manners contemplated by these Terms;
• Be respectful of others’ opinions so we can continue to offer interactive features for everyone to enjoy;
• Not cause injury to any person or entity, including as used by us in accordance with these Terms;
• Not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable;
• Not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
• Not impersonate any other person, User, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents Your identity or affiliation with a person or company;
• Not include other people’s personal information, such as another person's address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to identify, track, contact, or impersonate that individual;
• Not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Services or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of "spam;" and
• Not contain, advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent.
We may refuse or remove a User Submission without notice for any reason, including, but not limited to, our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we will have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, User Submissions, and You agree that neither We nor Our employees or agents will be liable for User Submissions or any loss or damage to You and any other person or entity resulting directly or indirectly from User Submissions.
You are solely responsible for your interaction with other users of the Services, whether online or offline. You are and shall remain solely responsible for the User Submissions you distribute on or through any Services and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any User Submission is at your own risk. We are not responsible or liable for the conduct of any user or content of any User Submission. We do not endorse the opinions, advice or recommendations posted or sent by users in any User Submission, and we specifically disclaim any and all liability in connection therewith. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you discover any content that violates these Terms, then you may report it to us at: .
We cannot and do not assure that other users are or will be complying with the foregoing or any other Terms, and, as between you and us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HEALTH TO THE RESCUE PARTIES (AS DEFINED BELOW) WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD HEALTH TO THE RESCUE PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICES.
Comments made on the Services by other users are strictly their own personal opinions, made in their own personal capacity, and are not claims made by us, and do not represent our opinion on any matter. Product ratings posted by users of the Services are strictly their own personal views, made in their own personal capacity, based on their own individual experiences, are not claims made by us, and are not intended as a substitute for medical advice.
XIII. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
XIV. COPYRIGHT INFRINGEMENT NOTICE
We respect the intellectual property rights of others. If you believe that content on the Services violates your copyright, please send us a notice to Health to the Rescue, LLC, 625 Crown Pointe Ln, Suite 106, Rock Hill, SC 29730, Attention: General Counsel or email us at firstname.lastname@example.org.
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your notice must include:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C.§512(c)(3)), We will act expeditiously to investigate the matter fully, and if appropriate will remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
XV. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
In no event shall Health to the Rescue be liable to you or any third-party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the Services or third-party products or services, under these Terms or in connection with their performance or breach. This limitation applies to any loss of profits or savings, or anticipated profits or savings, data, opportunity, reputation, goodwill or business, even if Health to the Rescue has been advised of the possibility of such damages in advance.
Health to the Rescue assumes no liability or responsibility for any (1) errors, mistakes, inaccuracies, or omissions of and in any content, (2) personal injury or property damage of any nature whatsoever (including, without limitation, data loss or corruption) resulting from Your access to and use of the Services, (3) unauthorized access to or use of Our servers and/or any and all personal information, content, and/or information stored therein, (4) interruption, cessation, suspension, or disruption of transmission to or from the Services, including from Health to the Rescue’s negligence, (5) inadequate or faulty hardware operating the Services, (6) bugs, viruses, Trojan horses, destructive computer codes, or the like which may be transmitted to or through the Services by any third-party, (7) user content, third-party websites or apps, and/or (8) loss, damage, or other undesirable consequences of any kind resulting from the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Health to the Rescue will also have no liability whatsoever for any damage, liability or loss that You or any other person may incur, or for any other undesirable consequences, resulting from Your breach of Your warranties or other obligations under these Terms, including, without limitation, the obligation to avoid sharing your email account information with any other person.
By accessing or using the Services, you understand that you are waiving rights with respect to claims that are at this time unknown or unspecified, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the California Civil Code, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Health to the Rescue’s maximum aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Terms or in relation to the Services will be limited to the amount you paid us during the three months preceding your initiation of the claim or dispute. Such a refund, in any case, will be governed by the applicable Refund Policy and the terms of sale specified on the service or in these Terms, as applicable. Any claims relating to use of the Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are waived and VOID.
The Services are controlled and offered by Health to the Rescue from its facilities in the United States of America. We make no representation that dontent on any Services is appropriate or available for use in any particular location. Those who access or use the Services do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
The limitations, exclusions and disclaimers in these Terms apply to the maximum extent permitted by applicable law. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HEALTH TO THE RESCUE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HEALTH TO THE RESCUE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify, defend and hold harmless Health to the Rescue and our parent, subsidiaries, affiliates, partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
XVIII. ELECTRONIC COMMUNICATIONS
When you access or use the Services, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with Health to the Rescue electronically. We may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that Health to the Rescue provides to you electronically satisfy any requirement that such communications be in writing.
XIX. DOMESTIC USE; EXPORT RESTRICTION
We control our website from our offices within the United States of America. We make no representation that the Services, the Website or their contents (including, without limitation, any products or services available on or through the Services) are appropriate or available for use in other locations. Users who access the Services from outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from our website may be downloaded in violation of United States law.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
XXI. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
XXII. GOVERNING LAW
These Terms of Service and any separate agreements or policies referenced herein and any dispute arising from the relationship between the parties to these Terms of Service, shall be governed by South Carolina law, excluding any laws that direct the application of another jurisdiction’s laws.
XXIII. CONSENT TO JURISDICTION AND FORUM SELECTION. The parties agree that all actions or proceedings arising in connection with our Services shall be tried and litigated exclusively in the State and Federal courts located in the County of York, State of South Carolina, United States of America. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of York, State of South Carolina, United States shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms of Service. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in these Terms of Servic. Any final judgement rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgement and may be enforced in other jurisdictions in any manner provided by law.
XXIV. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
XXV. CONTACT INFORMATION
625 Crown Pointe Ln, Suite 106
Rock Hill, SC 29730
Questions about the Terms of Service should be sent to us at: .