2. DESCRIPTION OF SERVICE
Through a combination of features, articles, webcasts, and links to other sites, Healthology delivers informative health-related content (collectively, the "Service") to its users. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. The Service will usually be available 24 hours a day, 7 days a week. However, we retain the right to make the Service unavailable from time to time for any reason. You agree that Healthology is not liable for any damages arising from any interruption, suspension or termination of the Service.

3. REGISTERED MEMBER ACCOUNT, PASSWORD AND SECURITY
Registered Members will select a user name upon registration for the Service. You are responsible for maintaining the confidentiality of this user name, and are fully responsible for all activities that occur under your user name. You agree to (a) immediately notify Healthology of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Healthology cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Neither you nor any other person or entity is permitted to access the Service using the user name of any other person or entity.

You acknowledge that Healthology may establish general practices and limits concerning use of the Service, including, without limitation, the deletion of any Content maintained or transmitted by the Service, and you further acknowledge that Healthology reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

4 HEALTHOLOGY PRIVACY POLICY
The use of the Service is subject to our Privacy Policy. Please review the privacy policy link on this site.

5. MEMBER CONDUCT
You are responsible for compliance with all applicable federal and state laws in connection with your use, and use by those persons authorized by you, of the Service. This is a private site only available to authorized members and for the use of authorized members. While information will be shared among authorized members, each member is responsible for protecting the privacy of such information outside of this site.

You understand that all information, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), that are emailed, uploaded or posted to the Service by third parties, are the sole responsibility of the person from whom such Content originated. This means that you, and not Healthology, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Healthology does not control the third party Content emailed, posted or uploaded via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Healthology be liable in any way for any such Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. ANY CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVICE SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION. You acknowledge that Healthology does not screen Content, but that Healthology shall have the right (but not the obligation) in its sole discretion to refuse or remove any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Healthology may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Healthology, its users or the public. In addition, Healthology shall not be liable in any way in connection with communications between users.

Healthology does not claim ownership of the material you provide to Healthology (including feedback and suggestions) or post, upload, input or submit to the Service (collectively, "Submissions"), unless otherwise specified. However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Healthology, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of this site, including, without limitation, the right to: use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission (including, without limitation, ideas contained therein for new or improved products or services); and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission. Healthology is under no obligation to post or use any Submission and may remove any Submission at any time in Healthology's sole discretion. By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and you grant every other user the right to use such Submission.

6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service, you agree to not use the Service to:

1. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, harassing, tortuous, defamatory, obscene, invasive of another's privacy, hateful or otherwise objectionable;
2. download, copy or distribute any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner;
3. download, upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
4. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas that are designated for such purpose;
5. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. violate any code of conduct or other guidelines which may be applicable; or
8. intercept, or attempt to intercept, electronic messages or other private communications, or access private records, not intended for you.

8. HEALTHOLOGY'S PROPRIETARY RIGHTS
Healthology grants, only a limited, non-transferable and non-exclusive license to use the Service in real time and in a manner consistent with this TOS.

You acknowledge and agree that the Service contains Healthology's proprietary and confidential information that is protected by applicable intellectual property and other laws under both United States and foreign laws. You further acknowledge and agree that information presented to you through the Service or sponsors is protected by applicable intellectual property and other laws under both United States and foreign laws. The entire contents of the Service are copyrighted as a collective work under the laws of United States and other copyright laws. Healthology holds the copyright in the collective work. The collective work includes works which are the property of the information providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Service solely for your own non-commercial use, unless otherwise permitted. You agree not to change or delete any proprietary notices from materials downloaded from the Service. Except as expressly stated herein or authorized by Healthology or other intellectual property owners, you agree not to, copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or proprietary or confidential information obtained through your use of the Service, in whole or in part.

Any rights not expressly granted herein are reserved.

9. TERM AND TERMINATION
The TOS shall apply from the date you first access or use the Service. Either you or Healthology may terminate your right to use the Service at any time, with or without cause. Healthology also reserves the right to terminate or suspend your use of, or access to, the Service for any reason, without prior notice. Your right to use of, or access to, the Service, and the licenses granted under the TOS, shall terminate without notice in the event you fail to comply with the TOS. Healthology may also in its sole discretion and at any time modify or discontinue providing the Service (or any part thereof) with or without notice. Further, you agree that Healthology shall not be liable to you or any third party for any damages resulting from the modification, suspension or termination of your access to the Service.

Upon any termination, you will destroy any Healthology materials in your possession and cease any access to, or use of, the Service.

The provisions of sections 5 (Member Conduct), 7 (Indemnity), 8 (Healthology's Proprietary Rights), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 15 (Trademark Information), and 16 (General Information), and any liabilities or obligations that have accrued prior to termination, shall survive any termination of your right of use of or access to the Service.

10. DEALINGS WITH SPONSORS/PARTNERS
Your correspondence or dealings with, or participation in promotions of, sponsors or partners found on, or through, the Service, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor or partner. You agree that Healthology shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors or partners on the Service.

11. LINKS
The Service may provide, or third parties may provide, links to other web sites or resources. Because Healthology has no control over such sites and resources, you acknowledge and agree that Healthology is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on, or available from, such sites or resources. You further acknowledge and agree that Healthology shall not be responsible or liable, 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 such Content, goods or services available on or through any such site or resource.

12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHOLOGY, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHANGES ARE PERIODICALLY MADE AT THE WEB SITE AND MAY BE MADE AT ANY TIME.
2. HEALTHOLOGY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
3. ANY MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS OBTAINED 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 FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. CAUTION MUST ALWAYS BE USED WHEN GIVING OUT PERSONALLY IDENTIFYING INFORMATION. HEALTHOLOGY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES, LINKS OR INFORMATION FOUND ON THE SERVICE AND, THEREFORE, HEALTHOLOGY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICE AND ANY OTHER ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HEALTHOLOGY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS, EMPLOYEES 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 SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE, OR THE INABILITY TO USE, THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, ANY MESSAGES RECEIVED OR ANY TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE AND YOU HEREBY INDEMNIFY, HOLD HARMLESS AND RELEASE HEALTHOLOGY AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES FROM AND AGAINST ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF HEALTHOLOGY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES FOR LOSSES OR DAMAGES SHALL NOT EXCEED $1,000.

14. NOTICE
Notices to you may be made via either email or regular mail to the address contained in Healthology's records. The Service may also provide notice of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Notice to Healthology may be made via email to info@healthology.com.

15. TRADEMARK INFORMATION
HEALTHOLOGY, HEALTHOLOGY.COM, and other Healthology logos and product and service names are trademarks of Healthology, Inc. (collectively, "Healthology Marks"). Without Healthology's prior permission, you agree not to display or use in any manner, the Healthology Marks.

16. GENERAL INFORMATION
Except as expressly provided in a particular legal notice, License Agreement or material on particular Web pages, the TOS constitutes the entire agreement between you and Healthology with respect to the subject matter contained herein and governs your use of the Service, superceding any prior agreements between you and Healthology. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. The TOS and the relationship between you and Healthology shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Healthology agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York. The failure of Healthology to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or shall be barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. VIOLATIONS
Please report any violations of the TOS to Healthology at the addresses given in section 14.

18. DISCLAIMER
Healthology, Inc. has provided this Web site and the information on it for educational purposes only. Nothing contained in the Service is intended to be instructional for medical diagnosis or treatment. Healthology disclaims any express or implied guarantee about the accuracy, completeness, timeliness or relevance of the Service. The Service should not be relied on to suggest a course of treatment for a particular individual, and it should not be used in place of a visit, call, consultation or the advice of a physician or other qualified healthcare provider.