Our Legal And Address Information.
My Health Engage Site and Service(s) are provided by Previent Health Media, LLC., DBA My Health Engage, a Florida limited liability company with its principal place of business located at 2499 Glades Road, Suite 201, Boca Raton, FL 33431. You can contact us by calling 800.346.0057.
THIS SITE IS NOT TO BE USED FOR EMERGENCY MEDICAL NEEDS. IF MEMBER EXPERIENCES A MEDICAL EMERGENCY CONTACT MEMBER’S LOCAL EMERGENCY SERVICES IMMEDIATELY.
PREVIENT HEALTH MEDIA, LLC, OR MY HEALTH ENGAGE DOES NOT OFFER OR PROVIDE MEDICAL PRESCRIPTIONS.
1.1. Website. Refers to MyHealthEngage.com and its associated syndicated properties under the name as ‘Powered By My Health Engage’ (Site).
1.2. Member. Refers to Member, the consumer (Member) who uses the site for purposes of engaging in the use of content, tools and information.
1.3. Terms. Refers to this Services Agreement - Terms Of Services (Terms) as set forth herein.
1.4. Dispute. Refers to any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
1.5. Material Breach. Refers to any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
1.6. Medical Practitioner. Refers to any person or entity who answers medical-related questions via the Site.
1.7. Services. Refers to any and all services offered by www.myhealthengage.com.
2. Binding Agreement.
By accessing the Site or using the Services, Member agrees to be bound by all of the Terms of this Agreement.
The following Terms, together with the relevant information set out on this Site, including any features and services available, and may include without limitation, tools, applications, email services, bulletin and message boards, chat areas, groups, forums, communities, calendars, podcasts, video and still images, RSS feeds, and downloadable mobile applications related to the Site or provided through the Site.
Please read carefully as any of use of this Site constitutes an agreement, without acceptance, to be bound thereby by the Member. By using this Site, Member represents that Member is at least eighteen (18) years old, or, for Members under the age of eighteen (18) years old but thirteen (13) years old or older have the express permission of Member’s guardian or guardian to use this Site and its Services, have read and understand the Terms, that Member agrees to be bound by these Terms as set forth below, that Member agrees to comply with all US export controls, that Member is not a resident of a sanctioned or prohibited country, and that Member understands Member is receiving a service that cannot be disgorged.
Member acknowledges and agrees that each Medical Practitioner, subsidiary and affiliate shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce and rely upon any provision of these Terms which confers a benefit upon them. No other party shall be a third party beneficiary of the Terms.
3. About Us: My Health Engage: No Vendor; No Endorsement.
My Health Engage is a social health networking service for Members, Medical Practitioners and Vendors to post their information to the Web site for information educational and connection purposes. As an online service provider, we offer paid membership services that includes coaching in fitness, nutrition, and stress management. Members can negotiate medical services with a medical provider of their own choosing. We cannot warrant that any Member or Medical Practitioner will complete a transaction via the Site.
While we may provide general medical advice and other guidance in our services, we do not make any diagnoses or recommend or endorse any, Medical Practitioner, vendor, or other information that may appear on the Site. We do not act as a vendor, employer or agent of any Medical Practitioner, or of their services offered. If Member relies on any of the information provided by the Site, Member does so solely at Member’s own risk. We do not and cannot edit, monitor or modify any response to a question given by Medical Providers, and we are not responsible for the same.
4. Site is for Informational Purposes Only.
The Site and Services offer health information about advanced diagnostics, fitness, nutrition, stress management, hormone balancing (when appropriate) and supplement related information, but are designed for non-commercial, informational purposes only. MEMBER SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF MEMBER HAS ANY CONCERNS OR QUESTIONS ABOUT MEMBER’S HEALTH OR THE CONTENT ON THE SITES OR SERVICES, MEMBER SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM MEMBER’S HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING MEMBER MAY HAVE READ ON THE SITE OR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES IS SOLELY AT MEMBER OWN RISK.
Nothing stated or posted on the Site or Services is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or Services and no assurance can be given that the information contained in the Site or Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If Member relies on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site or Services, Member does so solely at Member’s own risk.
The Site and Services may contain health or medical-related materials that are sexually explicit. If Member finds these materials offensive, Member may not want to use the Site or Services.
References may be made to "off-label" or non-FDA approved uses of certain products on the Site and Services.
5. Account Guidelines.
The Site and/or Services may contain the ability to communicate with other Members and Medical Practitioners through one or more platforms, comments sections, groups, discussion forums, Web sites, landing pages, social media forums, communities and/or other Interactive features, (hereinafter "Member Post Areas,”) in which Members and Third Parties may communicate. By participating in Member Post Areas, Member agrees and acknowledge that Member:
5.1. Shall not upload, distribute or otherwise publish to the Site and/or the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
5.2. Shall not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and
5.3. Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to the Site and/or the Services; and
5.4. Shall not personally attack another Member. Personal attacks are a direct violation of these Terms and are grounds for immediate and permanent suspension from the Site and/or the Services; and
5.5. Shall not use the Member Post Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or Services; and
5.6. Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
5.7. Shall not post unauthorized commercial communications (such as spam); and
5.8. Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
5.9. Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Post Area; and
5.10. Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent Member affiliation with any person or entity; and
5.11. Shall not interfere with any other Member's right to privacy, including by harvesting or collecting personally-identifiable information about other Members of our Member Post Areas or posting private information about a Third Party; and
5.12. Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
5.13. Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and 5.14. Shall not interfere with or disrupt the Site, Services, the Member Post Areas or the servers or networks connected to the Site or the Member Post Areas, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, Site, and/or the Member Post Areas; and
5.15. Shall not facilitate or encourage any violations of these Terms or our policies; and
5.16. Shall not solicit Member and/or Member Practitioners or Vendors for any purpose, including inviting said Member, Medical Practitioner, or Vendors to participate in a site that is in competition with Previent Health Media, LLC.
Member agrees further and acknowledges that any profile they create may be edited, removed, modified, published, transmitted, and displayed by Site administrator, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
6. Copyright and Trademarks.
Member acknowledges and agrees that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member may download and reprint a single copy of the materials from the Site or Services for Member’s own personal, noncommercial use only, provided Member includes all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
7. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the US copyright law. If Member believe in good faith that materials hosted on the Site or Services infringe Member copyright, Member or Member agent may send to Previent Health Media, LLC., a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Previent Health Media, LLC., actual knowledge of facts or circumstances from which infringing material or acts are evident.
If Member believes in good faith that a notice of copyright infringement has been wrongly filed against Member, the DMCA permits Member to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If Member believes that Member work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
7.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
7.2 Identification of the copyrighted work that Member claim has been infringed;
7.3 Identification of where the material that Member claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material; 7.4 Information reasonably sufficient to permit us to contact Member, such as Member address, telephone number and, if available, Member email address;
7.5 A statement by Member that Member have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
7.6 A statement by Member, made under penalty of perjury, that the above information in Member notice is accurate and that Member are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Garry Spear; Address of Agent: 6070 N. Federal Hwy, Boca Raton, FL 33487; Telephone: (561) 376-3580; Fax: (561) 912-5016; E-mail for notice: DMCA@myhealthengage.com. We suggest that Member consult Member legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
8. Rights in Submissions.
Should Member submit, display, publish or otherwise post any content to an Post Area, (hereinafter “Submissions,”) Member agrees to grant to Site, its partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from Member or to any Third Party.
Member represents and warrants that Member owns or has a valid license to use any and all Submissions and otherwise has the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Member agrees that any and all Submissions shall not be confidential or private nor is it protected by any patient/doctor or other privilege and may be read, disseminated, used, and otherwise collected by any third party. To protect Member’s privacy and medical information, Members are encouraged to use a Member fictitious, anonymous username and personal information.
9. Fees, Refunds And Cancellations.
9.1 Use of the Web Site.
9.1.1 Basic Site. Membership access to content, community, and tools is free.
9.1.2 Paid Membership Services. ‘Health Six Coach’ and ‘Health Six Physician’ are paid service programs. Program descriptions and Service fees are set forth on the site and will be subject to the payment of a quarterly Membership Service Fee.
9.1.3 Supplement Products. MyHealthEngage store offers for sale its line ‘Health Six Supplements.’ Product charges as set forth on the Site.
9.1.4 By providing payment details, you agree and acknowledge that you shall be charged the fees applicable to the paid Membership Plan or Supplement Products you have selected.
9.2 Cancellation And Refunds.
9.3.1 Paid Membership Services. The monthly Membership fee is paid quarterly. You may cancel your Paid Membership Account ‘Health Six Coach’ or ‘Health Six Physician’ after the initial 90 day period. Participation in the Membership Services program is cancellable with thirty (30) days written notice of the then current Agreement and prior to the next quarterly renewal period. If Member opts-out of Services program within the current quarter, the amount paid for that quarter is non-refundable.
9.3.2. Supplements. Unopened orders may be returned within 30 days of shipping date. You must carefully package the product, you are responsible for the cost of return shipping, and we must physically receive the return within the 30 day period. We can either issue a refund to your method of payment, or we can apply an online store credit to your account that you can use towards a future purchase. Credit will be for the product only; shipping and handling charges are non-refundable. Send your purchase and receipt to our Returns Department, Health Six Supplements, 20 New England Drive, Essex Junction Vermont, 05452.
10. No Warranties.
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PREVIENT HEALTH MEDIA, LLC., ITS LICENSORS AND THEIR PARENT COMPANIES, AFFILIATES, SUPPLIERS AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) MEMBER USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEMBER USE OF THE SITES AND SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT MEMBER’S OWN RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES ADVERTISED ON THE SITE OR SERVICES OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR SERVICES.
11. Limitation on Liability; Limited Remedies.
NEITHER PREVIENT HEALTH MEDIA. LLC., NOR ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO MEMBER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR SERVICES; (iv) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR SERVICES.
Unless under contract, Previent Health Media, LLC., is not affiliated or associated with sponsors of sites which hyperlink to or from the Site or Services. The linked sites are not under the control of Previent Health Media, LLC., and we are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to terminate any link or linking program at any time. We may provide links from the Site or Services to other sites as a convenience to Member and in no way should this be interpreted as an endorsement of any company, content or products. If Member decides to access any of the third party sites linked to the Site or Services, Member does this entirely at Member’s own risk.
Member agrees that we may, in our sole discretion, terminate Member passwords, account(s) (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. Member agrees that any actions taken under this Section may be effective without prior notice to Member.
15. Jurisdictional Issues.
We make no representation or warranty that the content and materials on the Site or Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites or Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
16. Governing Law.
These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws or choice of laws principles. Member expressly and irrevocably agrees that exclusive jurisdiction for any dispute in any way relating to Member use of the Site or Services shall be in the courts located in Boca Raton, Florida and Member further agrees and expressly consents to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving Previent Health Media LLC., or its parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors and content providers.
17. Severability; Waiver.
19. Successors and Assigns
. We may exercise any of our rights under these terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If our assets are acquired by another entity, that entity will assume our rights and obligations as described in these terms. Member may not assign Member rights or obligations under these terms, by operation of law or otherwise, without our prior written consent.
20. Contact Information.
Last Updated: January 2017