Limitation of Liability. WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SERVICES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE OUR SERVICES EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Illegal Activity. You expressly agree not to use 10MinuteHealth.com in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of 10MinuteHealth.com to invade the privacy of third parties, impersonation of 10MinuteHealth.com personnel or other parties or entities, or transmitting abusive, profane, libelous, slanderous, threatening or other harassing material.
- “Spamming”. You expressly agree not to use 10MinuteHealth.com in connection with the sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. You agree not to send unsolicited mass mailings from another service, which in any way implicates the use of 10MinuteHealth.com or results in the use of 10MinuteHealth.com resources.
- Disruption. You expressly agree not to interfere with or disrupt 10MinuteHealth.com or networks connected to 10MinuteHealth.com, or disobey any requirements, procedures, policies or regulations of networks connected to 10MinuteHealth.com.
- Insecure collection/retrieval of sensitive data. You expressly agree not use 10MinuteHealth.com to collect or retrieve sensitive information including, but not limited to, credit card numbers and social security numbers. You acknowledge that email is not a secure means of transmitting data and you agree not use 10MinuteHealth.com to send sensitive data via email.
For each violation by you of this Section you agree to pay 10MinuteHealth.com damages to compensate for the lost goodwill such a violation causes, but, where warranted, 10MinuteHealth.com may waive all or part of the applicable charge. Payment by you under this Section shall not prevent 10MinuteHealth.com from seeking to obtain other legal remedies against you, including other damages or an injunction.
10MinuteHealth.com provides to people the ability to contribute their own content to share with other individuals. The contributing individuals, and not 10MinuteHealth.com, are entirely responsible for all information, data, text, software, music, sound, photographs, videos, messages, or other materials contributed via the 10MinuteHealth.com site.
Third Party Content
10MinuteHealth.com sites contain content, information, and/or links to content and information on third party web sites. Such content is not under the control of 10MinuteHealth.com and as such 10MinuteHealth.com is not responsible for such content including, without limitation, any link contained in such content or any changes or updates to such content. 10MinuteHealth.com provides such third party content only as a convenience, and the inclusion of such content does not imply endorsement by 10MinuteHealth.com of such content or the content’s producer. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, and/or sites.
10MinuteHealth.com is not and will not be responsible for (i) the terms and conditions of any transactions between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release 10MinuteHealth.com (and its affiliates, and consequential) of liability of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Suspension or Termination of Services
With or without notice to you, 10MinuteHealth.com may suspend the Services for any duration and for any reason whatsoever including, but not limited to, violation of 10MinuteHealth.com prohibitive uses, maintenance, new releases or other improvements, and/or to safeguard the integrity of the Services and/or 10MinuteHealth.com’s system.
10MinuteHealth.com may make data available for your access via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product, is bound by these Terms of Service with the addition the following specific terms:
- You expressly agree that 10MinuteHealth.com shall not be liable for any damages resulting from your use of the API or third-party products that access data via the API.
- Abusive or excessively frequent requests to 10MinuteHealth.com via the API may result in the temporary or permanent suspension of your access to the API. 10MinuteHealth.com, in its sole discretion, will determine abusive or excessive usage of the API.
- 10MinuteHealth.com reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
This agreement shall be governed in accordance with the laws of the state of Delaware applicable to contracts entered into and wholly to be performed therein, without regard to that body of law applicable to conflicts of laws. Jurisdiction over any disputes arising under this agreement shall be exclusively with the courts of the county of ???, Delaware. We may modify this agreement upon reasonable notice to you, and your continued use of our services after receiving such notice shall constitute your acceptance of such modifications. If any of the terms of this agreement are deemed to be unenforceable, the other terms shall be unaffected.