Privacy Policy

 

1. DESCRIPTION OF SERVICE.

360 Health, Inc. operates the 360menopause.com web site to offer access to high-value content and complementary products and services (collectively, the “Site”). Use of the Site is governed by the following Terms of Service (”TOS”).

2. DISCLAIMER OF WARRANTIES.

a. YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 360 Health, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, HEALTH FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. 360 Health, Inc. MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

c. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 360 Health, Inc. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

3. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 360 Health, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 360 Health, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME. IN ADDITION, THE AGGREGATE AMOUNT OF 360 Health, Inc. ’s LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO 360 Health, Inc. UNDER THIS AGREEMENT OR THROUGH THE SITE.

4. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

5. WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE.

In consideration of your being permitted to use the Site, you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors and assigns, hereby agree to release 360 Health, Inc. and its past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns (and their respective past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns) (each, a “Released Party”) from any and all liability for injury, death, damage, cost, expense and other loss suffered or incurred by you as a direct or indirect result of your use of any training, athletic, health, wellness, exercise or similar information (collectively, “Information”) that is, directly or indirectly, available from or through the Site at any time.

In consideration of your being permitted to use the Site, you hereby agree that you will not, at any time hereafter, commence, maintain, prosecute, participate in as a party, or permit to be filed by any other person on your behalf, any action or proceeding of any kind, judicial or administrative, in any court or agency against any Released Party with respect to any act, omission, statement, information, transaction or occurrence that relates, directly or indirectly, to your use of Health Information at any time.

You acknowledge and agree that you understand that you should consult with your personal physician (i) before utilizing any of the Information and (ii) during the course of your use of the Information if you have any concerns or questions about the impact of such use on your medical condition. You acknowledge and agree that you are not relying, and will at no time rely, on any Released Party to provide you with medical advice of any kind (including advice pertaining to your use of the Information), or to advise you of the medical risks associated with your use of the Information. You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of the Information and that you will not sue any Released Party based on such information or advice.

You acknowledge and agree that the release, waiver and covenant not-to-sue contained herein is intended to be as broad and inclusive as permitted by the laws of Pennsylvania and agree that if any portion is held invalid, the remainder of this release, waiver and covenant not-to-sue will continue in full legal force and affect. You acknowledge and agree that you have read this release, waiver and covenant not-to-sue and fully understand that by signing this release, waiver and covenant not-to-sue, you are giving up legal rights and/or remedies that may be otherwise be available to you.

6. LINKS.

The Site from time to time may contain links to and from various third party sites on the World Wide Web. You acknowledge that such third party sites are completely independent of the Site and that 360 Health, Inc. has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site. If you have any questions or concerns about such third party sites, you should contact the site administrator or web-master of the third-party site.

7. COMMUNICATIONS BETWEEN 360 Health, Inc. AND CUSTOMERS.

360 Health, Inc. reserves the right to provide you with information about products and services from 360 Health, Inc. and third party vendors. 360 Health, Inc. also reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.

8. COMPLIANCE WITH LAW/U.S. AND INTERNATIONAL.

In view of the global nature of the World Wide Web, you agree to comply with all local laws, rules and regulations, including those governing your use of Content and on-line conduct. Specifically, but without limitation, you shall comply with all applicable laws, rules and regulations regarding the transmission of technical data and software exported from the United States or the country in which you reside.

9. NOTICES TO YOU.

Notices may be sent to you by e-mail, First Class Mail, or Air Mail. 360 Health, Inc. may also provide notices of changes to the terms of service or other matters by displaying such notices, or providing links to such notices, on the Site.

10. NO WAIVER/SEVERABILITY.

360 Health, Inc. ’s failure to exercise or enforce any right, provision, or remedy hereunder shall not constitute a waiver of such right, provision or remedy. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

11. ENTIRE AGREEMENT.

This Agreement and the terms of service stated herein constitute the entire agreement between you and 360 Health, Inc. with respect to your use of the Site and of the products and services that you obtain through the Site. This Agreement merges and/or supersedes any other agreements and understandings between you and 360 Health, Inc. , including any prior versions of the terms of service.

12. ENFORCEMENT COSTS.

If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party.

13. CHOICE OF LAW/STATUTE OF LIMITATIONS.

This Customer Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Pennsylvania. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of Pennsylvania. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.