Medical and Health Information
The information on the Services is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice or the use of professional medical equipment. You should not use the Services for diagnosing or treating a health or fitness problem or disease or for developing your own medical equipment. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on the Services is intended to be for medical diagnosis or treatment or for any form of self-health treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Services.
You remain fully responsible for the materials that you provide to us, including without limitation: comments, photographs, videos, class materials, instructions, presentations, and comments (“User Submissions”). You agree not to provide User Submissions that:
- infringe on the copyright, trademark, patent or other intellectual property rights of any third party;
- are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
- violate a third party’s right to privacy or publicity;
- degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- contain epithets or other language or material intended to intimidate or to incite violence; or
- violate any applicable local, state, national, or international law.
You may only submit User Submissions that are original, that you own, or that you otherwise have the right to submit. You grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed, including advertising or promotional materials. You hereby waive any moral rights you may have in your User Submissions. You represent that you have obtained the consent of all individuals who are identifiable in your User Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your User Submissions and for us to enjoy all of the rights and privileges that you grant to us under the Terms.
You understand and agree that we are not responsible for any User Submissions and will have no liability for the content of any such communications. We are not obligated to publish or use your User Submissions. We may, but are not obligated to, monitor, review, edit, remove, delete, or disable access to your User Submissions at any time, without prior notice and in our sole discretion, for any or no reason. You should never endanger yourself or others, take any unnecessary risks, or violate any laws when creating any User Submissions.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- engage in unauthorized “spidering,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
- distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam);
- frame, deep link to, or mirror the Services; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, suppliers, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Service are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Service, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of this Service without our written consent.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- 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;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Our designated agent is:
The Prizery, Suite 200,
302 East Pettigrew Street
Durham, NC 27701
Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
Links to Third-Party Content
The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content.
Disclaimer of Warranties
THE SITE AND ANY INFORMATION OR CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE SITE, INFORMATION, OR CONTENT. EWH AND ITS AFFILIATES DO NOT WARRANT THE TITLE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, INFORMATION, OR CONTENT, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. EWH DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL EWH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY INFORMATION OR CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF EWH OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EWH AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THE TERMS SHALL REMAIN IN EFFECT. ANY ACTION ON ANY CLAIM AGAINST EWH MUST BE BROUGHT BY THE USER WITHIN ONE (1) YEAR FOLLOWING THE DATE THE CLAIM FIRST ACCRUED, OR SHALL BE DEEMED WAIVED.
In the event that any legal action is taken resulting from (i) your use of the Services or information or content included on the Services, including your breach of these Terms, or (ii) any Unsolicited Information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by EWH, its affiliates, its and their directors, officers, employees, agents, investors or licensors. EWH shall have the right, at its option and expense, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on EWH without its prior written consent.
The Terms and any claim relating to the Services shall be governed by and construed in accordance with the laws of the State of Tennessee, United States of America, without reference to any conflict of law principles. You hereby consent to venue in and jurisdiction of the state and federal courts sitting in the State of Tennessee (United States).
The Terms constitute the entire agreement between you and EWH with respect to your access to and use of the Services. All provisions of the Terms pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of the Terms for any reason. If any provision of the Terms is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. Any failure by us to exercise or enforce any right or provision under the Terms shall not constitute a waiver of such right or provision, and no waiver by EWH of any right under or provision of the Terms shall be deemed to be either a waiver of any other such right or provision of a waiver of that same right or provision at any other time. All rights not expressly granted herein are hereby reserved.