Last Modified: 11.1.23
I. About the Consumer Terms and Conditions
These consumer terms and conditions, including any documents expressly incorporated herein by reference, (“Consumer Terms and Conditions”) are entered into by and between you (“You” and “Your”) and Haymarket Media, Inc., including its affiliates, subsidiaries and related brands, (collectively, “Haymarket” and “we” and “us” and/or “our”), and govern your access and use, whether as a participant, visitor or user, of Haymarket’s Content (defined below), functionality, systems, products, websites, applications, and communications (each an “Offering”, together the “Offerings”), offered on or through such Offerings (collectively, referred to as “Services”).
II. Your Acceptance of Terms and Conditions
III. Notification of Changes
Haymarket reserves the right, in its sole discretion, to change or modify all or any part of the Consumer Terms and Conditions, at any time. All changes are effective immediately upon posting. Your continued use of the Services constitutes your binding acceptance of the Consumer Terms and Conditions, including any changes or modifications made thereof. To stay informed on our latest Consumer Terms and Conditions, please refer to this Consumer Terms and Conditions and any additional terms on the specific Offering. If we implement any material changes, we will provide you with additional notice, either through our website or otherwise. If at any time the Consumer Terms and Conditions are no longer acceptable to you, you should immediately cease all use of the Services.
IV. Eligibility; Availability; Accessibility
A. Eligibility Requirements. The Services are directed to adult consumers who reside in the United States or any of its territories and are not directed to children under the age of 16 or the equivalent age as specified by law in your jurisdiction. Haymarket does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 16 years of age. By accessing, using, or clicking to accept/agree to the Consumer Terms and Conditions when the option is made available to you, or by registering, to any of our Offerings and/or Services, you represent and warrant that you are of legal age to form a binding contract with Haymarket and meet all of the foregoing eligibility requirements. If you do not meet all of the eligibility requirements set forth in this Section (Eligibility Requirements), you should immediately cease all use of the Services.
B. Accessibility; Availability. While the Offerings are accessible globally, we make no claim that the Services are available, accessible or appropriate outside of the United States. Services accessed on any of our Offerings from geographic locations where prohibited are void. If you access the Services from outside the United States, you do so on your own initiative and you are responsible for compliance with local laws. You may not export “technology” or “technical data” as contained in any Offering in violation of any applicable laws and regulations, particularly any US export control laws and regulations.
a. Offerings or portions of the Offerings, such as website registration, may require you to provide us with registration related details (e.g., full name, email address etc.) in connection with the access to and use of Services (“User”), and you represent and warrant that all registration related information you submit is current, accurate and complete.
b. Creating a User account by utilizing automated methods or under false or fraudulent pretenses constitutes unauthorized use of the Services and Haymarket reserves the right to terminate such accounts. Additionally, the profile that you create upon registering for the Services (“User Profile”) must be valid, accurate and describe you, an individual, and not a fictitious person. If you wish to view or change your User Profile, you can do so via the “My Account” option on the Offering.
c. If you have created a registration, the login credentials are personal to you and cannot be shared with or used by any other individual, or entity. We reserve the right to monitor your use of the Services to ensure compliance with the Consumer Terms and Conditions and prevent unauthorized or fraudulent use. You must notify us if you become aware of any unauthorized use or access to your account. You are responsible for all usage and any actions taken through the use of your account login credentials, except for actions taken after you have notified us that your account has been compromised. If you believe someone has accessed the Services or mobile application using your user name and password without your authorization, please contact us at firstname.lastname@example.org.
V. Content Purpose and Ownership; User Materials; Licenses; Uses
A. Purpose. Content (defined below) provided in connection with Services is for general informational purposes only and does not constitute legal, professional or medical advice, treatment or diagnosis. The information in our Offerings should not be used as a substitute for conducting your own due diligence, and we always recommend consulting with a licensed healthcare provider or healthcare consultant for any specific questions you may have in connection with information you read or access in our Offerings or Services.
B. Not Medical Advice. The information in our medical focused Offerings is intended for informational purposes only and not as a substitute for direct consultation with a licensed healthcare provider or healthcare consultant and additionally, information contained within any medical focused Offerings is not a recommendation or endorsement of any information provided, including but not limited to any manufacturer, product, prescription drugs, or health services referenced. For Offerings which include drug prescribing information, reference should always be made to the full drug information provided by the manufacturer for each product being considered, prescribed, or co-administered. The prescribing clinician should verify it against labeling or by contacting the applicable pharmaceutical company. No prescription drug should be used except on the advice of, and as directed by, a licensed and appropriate healthcare provider or healthcare consultant. The training and experience of the clinician are essential to forming any opinion on the appropriateness of a specific drug for a specific patient. The information provided is not by itself sufficient for a lay person—or even a clinician—to evaluate the risks and benefits of taking any particular drug. We always recommend consumers consult with their professional healthcare provider or healthcare consultant with any questions they may have related to their medical condition, treatment or diagnosis. Consumers should not disregard or delay seeking advice from any professional healthcare provider or healthcare consultant based on information they may have accessed in our Offerings or Services. HAYMARKET DOES NOT ASSUME AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY AND LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN INFORMATION IN OUR MEDICAL OFFERINGS OR FOR ANY USE OF ANY OF THE PRODUCTS LISTED THEREIN.
C. Ownership. Services contain information, software, programs, applications, computer code, data, metadata, content, text, images, audio and video recordings, graphics, links, illustrations, artwork, trademarks, logos, expression, user generated content and other material of Haymarket (collectively, the “Content”). You acknowledge that such Content is solely owned by Haymarket, its licensors, and third party providers of any such Content, which is protected by U.S. and international law, including copyright, trademark, patent, trade secret, or other proprietary rights laws. Haymarket also owns copyright in the “look and feel”, arrangement, selection, compilation, and enhancement of the Content. You agree to comply with any copyright notices or applicable laws along with any copyright and proprietary notices, information, or restrictions contained in any Content available on any Offerings or accessed through the Services. Your use of the Offerings and Services are subject to these Consumer Terms and Conditions, and these Consumer Terms and Conditions do not grant you any rights to our Content or the Content of our licensors, licensees, or third party providers.
D. User Materials. In the event you are permitted to post, submit or upload content through any interactive features available on the Offerings, or through any third party in connection with Services, you agree to post, submit or upload only such content that is solely owned by you (such as your original statements, images, audio or video recordings), or content for which you have received express permission from the owner for the given use (“User Material/s”), and additionally you agree to not submit any content that contains any personally identifiable information of you or any third party. All User Materials, including other content and information posted by you on any of our Offerings or in connection with the Services will not be considered confidential or proprietary information. Haymarket has no obligation to review any User Materials, content or information posted by you. You assume all risk and responsibility for any User Material you post, submit or upload.
E. User Materials License. You hereby grant, transfer and assign to Haymarket, and Haymarket hereby accepts a fully-paid, royalty-free, irrevocable, perpetual, worldwide, non-exclusive, transferable, sublicensable, assignable, right and license to use, copy, reproduce, modify, revise, publish, translate, publicly perform or display, distribute, broadcast, disseminate, transmit, and create adaptations or derivative works of (such as thumbnails, or to adapt to use technologies that support streaming, mobile apps and the like) and archive the User Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions and in any form, (“User Materials License”), without your approval, review, or compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the User Materials License, and that the use of the User Materials in accordance with the terms and conditions of the User Materials License does not and shall not violate any intellectual property laws, defame or be derogatory to any person (living or dead), invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the intellectual property rights, including copyright, trademarks, patents, trade secrets of any person (including without limitation any moral right).
F. Permitted Uses. You may download, copy and make any personal, non-commercial use of the Content as permitted by the United States Copyright Act of 1976 (“Copyright Act”); provided, however, that you will: (i) retain all copyright, trademark and other notices contained in such Content; (ii) use the Content is accordance with these Consumer Terms and Conditions and as provided, without modification or in part without related content, and not store any Content electronically other than as incidentally facilitated due to your access of the Services or as automatically cached; and (iii) not utilize the Content for commercial purposes, or further reproduction, distribution or publication.
If you wish to utilize any Content other than as permitted herein, including for commercial republishing on your or your company’s website, you may request permission / purchase reprint rights by contacting us at email@example.com.
G. Restrictions on use of Content. Except as expressly permitted in these Consumer Terms and Conditions, you may not use, copy, reproduce, adapt, translate, modify, publish, upload, publicly perform or display, transmit, broadcast, distribute, create derivative works from, sell, transfer, rent, license or in any way exploit any of the Content, in whole or in part, regardless of the medium. Content or Services consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Services or the Content, including features that prevent or restrict use or copying or that enforce limitations on use. You agree not to use the Content to design or train any software algorithms to learn from and act on any Content, including to train any machine learning or artificial intelligence (AI) system.
H. Illegal and Prohibited Uses. The Services must be used in accordance with the Consumer Terms and Conditions. The following is a non-exhaustive list of illegal and prohibited uses of the Services. You agree not to:
- use the Services in a manner that violates any applicable laws or governmental regulation;
- use the Services for any commercial purposes, including in order to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- post on the Offerings, any content that is inappropriate, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity, or links to any such content including linking to any external Internet site or mobile application that provide access to obscene or pornographic content, or that display pornographic or sexually explicit material of any kind;
- use any robot, spider, site or mobile application search and/or retrieval application, or other device to retrieve or index any portion of the Services;
- reformat or frame any portion of any web page that is part of the Services;
- post any Content outside of the Services, including posting Content that is behind any restricted paywall or password only access pages;
- link to any Content in our Offerings or submit any content that falsely implies sponsorship of that content by the Offerings, Services and/or Haymarket, falsify or delete any author attributions in any content, or promote any information that is false or misleading;
- transmit any malicious software (malware) including viruses, worms, trojan horses, ransomware, spyware or other items of a contaminating or destructive nature through the Services;
- submit content that violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party’s written consent;
- except for ADA accessibility purposes, use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on or from the Services, deep-link to any feature or content of the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
- promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
Haymarket may investigate any illegal and/or unauthorized use of the Offerings and/or Services and appropriate legal action may be taken, including without limitation, the right to cooperate fully with any law, or order from legal and governmental agency, requiring the disclosure of your identity in connection with third party claims of intellectual property infringement or violation of privacy rights, termination of your right to access the Offerings and/or Services, and civil, criminal, and injunctive redress.
VI. Management of Content
A. Haymarket does not and cannot review all of the content and/information posted by users, including you, on the Services and is not responsible or liable for such content and/or information posted. You shall remain solely responsible for all content and information you submit to the Offerings and in connection with the Services. Although Haymarket reserves the right to remove any offending content on the Offerings, Haymarket cannot ensure its prompt removal, and you understand and agree that you nonetheless may be exposed to such content and that you further waive your right to any damages (from any party) related to such exposure. Haymarket shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
B. Haymarket reserves the right to delete, move or edit any Content (including user provided content or information posted in any interactive area of the Services) that it may determine, in its sole discretion, violates these Consumer Terms and Conditions, is otherwise unacceptable due to alleged or actual intellectual property infringement, presents a likelihood of exposure to liability to Haymarket, or is required in order to comply with applicable laws or governmental investigations or regulations or a valid order issued by a court or government agency of competent jurisdiction (“Legal Order”). YOU AGREE TO WAIVE AND HOLD HAYMARKET, ITS LICENSORS, CONTRIBUTORS TO OFFERINGS OR SERVICES, SERVICE PROVIDERS AND EACH OF ITS RESPECTIVE REPRESENTATIVES OR AGENTS, HARMLESS FROM ANY CLAIMS ARISING FROM OR IN CONNECTION WITH ACTION TAKEN BY HAYMARKET ITS LICENSORS, CONTRIBUTORS TO OFFERINGS OR SERVICES, SERVICE PROVIDERS AND EACH OF ITS RESPECTIVE REPRESENTATIVES OR AGENTS, AS A CONSEQUENCE OF SUCH LEGAL ORDER.
VII. No Endorsement
A. Haymarket does not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Haymarket.
B. Our Offerings may contain external links to other systems, sites, applications, products, offerings, and communication platforms owned and operated by third party service providers, suppliers, sponsors, advertisers and affiliates (“Third Party Sites”). You acknowledge that Haymarket has no control over and is not responsible for the availability of, or the content or information located on or through, any Third Party Sites. We do not endorse any of these Third Party Sites or any products or services associated with such Third Party Sites merely because they are linked to our Offerings. You should contact the Third Party Sites’ directly if you have any concerns regarding such links or the content or information located on such Third Party Sites.
You agree to indemnify, defend and hold Haymarket and its affiliates, and their respective officers, directors, owners, agents, information providers, licensors, service providers, successors and assigns (collectively, the “Haymarket Indemnitees”) harmless from and against any and all claims, liability, losses, damages, judgment, awards, costs and expenses (including reasonable attorneys’ fees) incurred by any Haymarket Indemnitees arising out of or in relation to your violation of these Consumer Terms and Conditions, or your use of the Offerings and/or Service, User Materials, or your use or alleged use of any Content or the Service in a manner inconsistent with the Consumer Terms and Conditions or your gross negligence or willful misconduct. Haymarket reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Haymarket’s defense of such claim.
IX. Termination of Services
Haymarket may and reserves the right, in its sole discretion, to change, restrict access to, suspend, discontinue all or any aspect of the Offerings and/or Services at any time, including the availability of any feature, database, or Content (including the interactive areas), or terminate your access to all or any part of the Offerings and/or Services, including the interactive areas, at any time for any reason without prior notice or liability. The terms and conditions set forth in this section shall survive any termination of your membership.
X. Notice and Take Down Policy
You may not use, post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your copyrighted work has been copied and posted on the Offerings in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- a description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the website or mobile application;
- your address, telephone number, and email address so that we may contact you;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
XI. Disclaimers; Limitation of Liability
A. DISCLAIMERS. YOUR USE OF OFFERINGS AND SERVICES, AND ANY INFORMATION AND CONTENT ON IT, IS AT YOUR OWN RISK. THE OFFERINGS AND SERVICES, AND ANY INFORMATION AND CONTENT ON IT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, HAYMARKET, AND ITS AFFILIATES, LICENSORS, CONTRIBUTORS TO OFFERINGS OR SERVICES, SERVICE PROVIDERS AND EACH OF ITS RESPECTIVE REPRESENTATIVES OR AGENTS (TOGETHER, THE “DISCLAIMING ENTITIES”), HEREBY DISCLAIM, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MAKE NO WARRANTY OR REPRESENTATION OF AVAILABILITY, COMPLETENESS, ACCURACY, ERROR-FREE OR UNINTERRUPTED OPERATION, CORRECTION OF ANY DEFECTS, THAT THE OFFERINGS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE EXTENT THAT THE DISCLAIMING ENTITIES MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. You understand that the Disclaiming Entities cannot and does not guarantee or warrant that any files that may be downloaded from the Offerings or via the Services are free of viruses or other harmful computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the Offerings, Content or Services. You are responsible for having your own appropriate antivirus tools that offer the requisite protection and security of your data, including from prevention or for the reconstruction of any lost data. It is your responsibility to check the accuracy, and completeness of any information and opinions provided on the Offerings before entering into any commitment based upon them, and the Disclaiming Entities are not responsible for any loss resulting from your reliance on any such information. You specifically acknowledge that the Disclaiming Entities are not responsible or liable for any unauthorized access to or alteration of your User Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights. You also understand that the Disclaiming Entities do not and cannot guarantee or warrant that any content, text, statements, images, audio and video recordings, graphics, links, illustrations, artwork, trademarks, logos, expression and other material provided by guests speakers/ authors is accurate, complete or reliable and you expressly agree that the thoughts and opinions expressed are those of such respective authors.
Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.
B. LIMITATION OF LIABILITIES. EXCEPT FOR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, THE DISCLAIMING ENTITIES SHALL NOT BE LIABLE, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, SUFFERING OF EMOTIONAL DISTRESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OR LOSS OF REVENUE OR PROFIT, LOSS OR DAMAGE CAUSED BY DENIAL OF SERVICES ATTACK, VIRUSES OR OTHER HARMFUL ELEMENTS, EVEN IF SUCH DAMAGES MAY HAVE BEEN FORESEEABLE, AND WHETHER OR NOT SUCH DAMAGES ARISE FROM NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE OFFERINGS, CONTENT OR SERVICES, OR ANY THIRD PARTY WEBSITE LINKED TO IT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE DISCLAIMING ENTITIES’ LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE OFFERINGS, CONTENT OR SERVICES, AND/OR ANY HYPERLINKED WEBSITE OR MOBILE APPLICATIONS IS TO STOP USING THE OFFERINGS, CONTENT AND SERVICES OR MOBILE APPLICATION AND/OR THOSE SERVICES. THE FOREGOING LIMITATION OF LIABILITIES DOES NOT
APPLY TO LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
XII. User Disputes
You are solely responsible for your interactions with other Users of the Service. You release Haymarket from any claims, demands and damages arising out of disputes with other Users of the Service. Haymarket reserves the right, but has no obligation, to monitor disputes between you and other Users.
XIII. Reporting a Vulnerability
If you believe you’ve discovered a security vulnerability in one of our applications or services, please e-mail us immediately at email@example.com. We will respond as quickly as possible, usually within 24 hours. To help us research and resolve the issue faster and in the most secure way, please use the guidelines below when sending your report:
- Provide full details of any discovered issue.
- In the best interest of our users and their data, please do not publicly disclose the issue until it has been addressed and resolution confirmed by us. Publicly disclosing a potential vulnerability could put the wider community at risk.
- In order to keep everyone safe, please act in good faith towards our users’ privacy and data during your disclosure.
- Of course, never purposely disrupt services for others or attempt to gain access to others’ data.
For any other questions or for customer service, please contact us at firstname.lastname@example.org.