Terms of Service
These terms of service (“the Terms of Service”) govern the contractual relationship between BreakthroughHealthTips.com, and the user (“you or your”) of BreakthroughHealthTips.com (“the Site”), including any of the services provided therein (“the Services”).
By using the Site, using the Services or referring any third parties to the services, your contractual relationship with BreakthroughHealthTips.com shall be governed by these Terms of Service and you hereby agree that you have read this document and that you agree to be bound by the terms set out herein.
You may only use the Site or Services if you are an 18 year old human being. No robots allowed!
3. Changes to this Agreement
BreakthroughHealthTips.com reserves the right to change or update the Terms of Service at any time by publishing the revised version in place of these terms. Should the user not be willing to accept the revised Terms of Service the user’s sole remedy is to stop using the Site and Services.
4. Changes to The Services
BreakthroughHealthTips.com may, at their sole discretion, without notice, change any aspect of, or the way that we provide, the Services, or even stop them. We can also terminate or restrict access to any given user or group of users, at any time. Certain obligations accruing before any such termination shall not be extinguished as a result of termination.
BreakthroughHealthTips.com reserves the right to change, update, limit or terminate any or all of the Services or certain features from time to time. Any change to the Services may be reflected in the subscription cost of the level of services offered. Any changes, update, upgrade, limitation or termination of the Services shall be notified to you upon it becoming into effect.
5. Email Registration, Account Security
By creating an account on the Site, you hereby agree that you are solely responsible for maintaining the confidentiality of the password(s) associated with your account. You agree that you will not directly or indirectly allow any third party access to your account details and that you will be solely responsible for all activities and transactions that take place under your account and for any and all use or misuse of your password or account.
If you become aware of any unauthorized use of your account, you agree to notify BreakthroughHealthTips.com.
You are fully responsible for all actions that occur under your account or in connection with your account. You agree not to use your account in any unlawful, misleading or fraudulent manner. You are responsible for making sure that your content does not breach these Terms of Services. BreakthroughHealthTips.com reserves the right to change or delete content that it considers is inappropriate, unlawful or causes any potential liability to BreakthroughHealthTips.com.
6. Third Party Interference and Damage to Access Devices
Although BreakthroughHealthTips.com has security measures in place, you hereby accept that BreakthroughHealthTips.com are not responsible for any third party interference with the Site. This includes any access to your account details by third parties, any software implemented into the website that causes any damage to the device used to access the site or anything that causes any damage to you whatsoever caused by third party interference.
You hereby agree that you are responsible for the devices you use to access the Site and its compatibility required to access the site. BreakthroughHealthTips.com cannot be held responsible for any bug or improper use of equipment used to access the Site whether through a web browser or device application.
7. Use Policy
The User shall not use the Site or the Services for any unlawful or inappropriate purpose. Strictly prohibited actions include transmitting material:
that is unlawful, abusive, profane, obscene, vulgar, defamatory, pornographic, threatening, invasive of publicity or privacy rights, or otherwise objectionable;
that violates or infringes upon the rights of others in any way;
that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content;
that encourages others to commit unlawful acts;
that tests, scans or tests our servers or systems;
that is used to break or circumvent any technology, hardware or software we have in place for security of authentication;
that breaches any other party’s Intellectual Property;
that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from BreakthroughHealthTips.com; and/or
that prevents other users from using and enjoying the Site.
non-compliance with the law and best practices of the Children’s Online Privacy Protection Act (“COPPA”) and Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM”).
Non-compliance with the content guidelines, which can be found here.
BreakthroughHealthTips.com does not and cannot review all content and material posted on the Site or in quizzes. As such, BreakthroughHealthTips.com cannot accept responsibility or liability for any material posted by its users.
BreakthroughHealthTips.com reserves the right to remove or alter any user’s content or material posted or used as part of the Services for any reason, at its own discretion.
8. Ownership, Copyright and Trade-marks
You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all parts of the Site, and to the business of BreakthroughHealthTips.com, including the structure, design, essence and layout of the Site and any text placed in it.
You are entitled to use the Site in accordance with these Terms and Service only. You must obtain our prior written consent before you use the Site or any part of it in any other manner than herein prescribed.
All persons, individual and corporate, are prohibited from providing hypertext or other links to the Site, other than to our home page, from their own web site or from a third party’s web site, without our prior written consent.
If any third party believes that material placed on the Site infringes on your copyright, you should contact us immediately. We deal with any copyright infringement in accordance with the Digital Millenium Copyright Act and as such, upon investigation we shall respond by either removing material, disabling links and restricting a user’s account. As we cannot be responsible for all of our user’s content, we cannot be held liable for any infringement of copyright.
BreakthroughHealthTips.com reserves the right to terminate, suspend or restrict a user’s account for breach of any term in these Terms of Service.
BreakthroughHealthTips.com reserves the right to terminate, suspend or restrict a user’s account for any reason at its own discretion.
10. Intellectual Property
By using the site, any copyright you own of any material used or posted on the Site shall remain your property. BreakthroughHealthTips.com shall retain the copyright of all other material on the Site.
By using or posting content to BreakthroughHealthTips.com, you shall agree to give BreakthroughHealthTips.com non-exclusive worldwide, royalty-free and transferable license to all past, present and future copyright of that material. BreakthroughHealthTips.com may use the material and utilize the copyright in any past, present or future medium available. You represent that you hold all necessary rights in the material to give this license.
The licence shall be unlimited and by supplying this content you shall agree to use of your material in this way. This license remain effective until you delete it, except for comments. In the event that you delete any material, you agree that BreakthroughHealthTips.com may retain, but not display or distribute your Content.
BreakthroughHealthTips.com grants you a non-exclusive, worldwide, non-transferable licence to download, store, display, edit and redistribute your content solely in the connection with your use of the Services.
BreakthroughHealthTips.com, its suppliers, directors, employees, licensors or agents shall not be liable with respect to any subject matter of these Terms of Service, or any use by any party of the Site and Services, under any form or causes of action including contract, tort, strict liability or in any other action or dispute, except where such liability is prohibited by law, for:
General, special, incidental or consequential damages;
For interruption of the Services or loss of data;
For any failure or delay for any reason beyond BreakthroughHealthTips.com’s control.
12. Disclaimer as to the Products and Services
The Site and any Products or Services are provided “as is” and BreakthroughHealthTips.com, its directors, employees, contractors, licensors and partners (“the Warrantor Parties”) disclaim all warranties with regard to this Site or Services including all implied warranties of merchantability, fitness for purpose and non-infringement. The Warrantor Parties make no warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You use the Site and Services at your own risk.
13. The Site and Data Retention
BreakthroughHealthTips.com shall endeavour to keep the site and its servers operational 24 hours a day, 365 days per year, however we make no warranty to do so as Server and Site interruption may be the result of external factors outside of the control of BreakthroughHealthTips.com.
As a result BreakthroughHealthTips.com shall not be responsible for any loss caused to your business because of server or Site downtime. In the unlikely event that something goes wrong and any data is lost BreakthroughHealthTips.com shall not be responsible for any damage to you or any third party as a result. You hereby warrant that you understand that the storage of your data is not 100% secure and that you shall hold BreakthroughHealthTips.com harmless from liability.
The user agrees to indemnify, defend and hold harmless BreakthroughHealthTips.com, its affiliates and their respective advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively “BreakthroughHealthTips.com Indemnified Parties”) from and against any loss, expense, damage, cost, liability, claim, demand made by a third party, including, but not limited to, reasonable attorneys’ fees, accounting expenses, and legal costs), sustained, incurred or paid by the BreakthroughHealthTips.com Indemnified Parties and arising from or related to:
The access or use of the Site and Services by you (or any users of your account), including, without limitation, your or others’ access to Site Content or any content or other materials available by means of third-party websites;
Violation of these Terms of Service or breach of the Terms of Service (including, without limitation, any representation or warranty contained in this Agreement) or any activity related to your use of the Site; or
Your content or provision to the Site of information or any other products, postings, offerings, data or materials. You will assist and co-operate as fully as reasonably required by the BreakthroughHealthTips.com Indemnified Parties. The BreakthroughHealthTips.com Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice of any defense by you or any claim as to which you are required to defend, indemnify or hold harmless the BreakthroughHealthTips.com Indemnified Parties (the “Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned BreakthroughHealthTips.com Indemnified Parties.
15. Errors on the Site
Although BreakthroughHealthTips.com strives to provide reliable and current information through the Site, occasionally, there may be information on the Site that contains typographical errors, inaccuracies, omissions or mistakes that may relate to product descriptions, pricing, promotions, offers, and availability. Accordingly, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to refuse, correct or cancel orders, at any time and from time to time without liability and without notice to you or any other person, if any information on the Site is inaccurate, to the extent permitted by law.
These Terms of Service shall be interpreted and construed according to, and governed by, the substantive laws of British Columbia and the federal laws of CANADA, excluding any such laws that might direct the application of the laws of another jurisdiction.
You understand that these Terms of Service represent the entire understanding and constitute the entire agreement between the parties in relation to its subject matter, and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the parties.
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining terms will remain in full force and in effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
BreakthroughHealthTips.com may assign their rights under these Terms of Service without limitation. You may assign your rights to any party as long as they agree to be bound by these Terms of Service also.
These Terms of Service shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Any headings used in the Terms of Service are for convenience only.