Terms of Service
Last Updated: 1 May 2017
Agreement to Terms
Changes to the Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or Apps or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or Apps, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you cannot use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
Grant of Limited License to Use the Services
Subject to your agreement and continuing compliance with the Terms and any other relevant Healthy Bytes policies, Healthy Bytes grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Services License Limitations Any use of the Services in violation of these License Limitations is strictly prohibited, can result in immediate revocation of your limited license. You agree that you will not, under any circumstances: - Impersonate another person or submit inaccurate information to register an account or use the Services. For example, misrepresenting as a healthcare provider to use the Service. - Engage in any act that Healthy Bytes deems to be in conflict with the spirit or intent of the Services or make improper use of the Services. - Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services. - Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services. We reserve the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of the Terms or the Services itself. Healthy Bytes reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services.
Termination of Account and Service
Healthy Bytes reserves the right to limit, suspend or terminate any Account or stop offering and/or supporting the Services or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Healthy Bytes shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof.
HIPAA; Anonymized Data
As per the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), We use SSL encryption to protect the information of patients on this site. It is expected that all of our clients and everyone who uses this site also abides by the information HIPAA is trying to protect. However, should a user of this website, this application, or this service not incorporate measures to protect the information of their patients or clients, then The Company shall not be held liable. Healthy Bytes reserves the right to create, use, and store anonymized data as per HIPAA. You acknowledge and agree that you shall have no ownership or property interest in the anonymized data. Such anonymized data shall forever be owned by and inure to the benefit of Healthy Bytes.
Disclaimer and Warranties
WITHOUT LIMITING HEALTHY BYTES’ LIABILITY BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HEALTHY BYTES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHY BYTES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
HEALTHY BYTES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHY BYTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEALTHY BYTES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HEALTHY BYTES IN ACCORDANCE WITH THE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HEALTHY BYTES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HEALTHY BYTES' EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HEALTHY BYTES IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Healthy Bytes may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Healthy Bytes' liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF HEALTHY BYTES. You agree to indemnify and hold us and our officers, directors, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees, harmless from any claim or demand arising from any third party claim arising from (a) your use of the Service, (b) your violation of the Terms of Service, your breach of any of the representations and warranties herein; (c) your violation of any rights of another, including but not limited to any liability or expenses arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or reasonable attorney fees and court costs; or (d) your violation of any law, regulation, or guidelines imposed by any administrative body.
Governing Law; Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New York by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney's fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
These Terms constitute the entire and exclusive understanding and agreement between Healthy Bytes and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Healthy Bytes and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Healthy Bytes’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Healthy Bytes may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Healthy Bytes under these Terms, including those regarding modifications to these Terms, will be given: by Healthy Bytes (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Healthy Bytes’ failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Healthy Bytes. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.