Welcome to EnvelopHer. Please explore the Site, and when you are ready, share your feedback with us. By registering, you provide us with the information we need to enable you to become an active participant on the Site and its related services (the “Services”).
1. General Terms
The Site is an informational resource for you, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers, whom you choose based on your own private medical needs. Set forth below are our Terms of Service; you should also review all policies on this website. Please read them carefully because we want to be sure you understand and accept them before you use or register for this Site. Please note that, as explained more fully below, we offer the Site and Services “AS IS” and without warranties.
For our Arbitration Agreement and Waiver of Class Action, see line 28 below.
2. About the Site
The Site contains a range of information and tools relating to health and wellness. There are articles, images, interviews, discussions and other content (“Content”) that we have written, commissioned from medical writers or that have been created by our members. Some Content has been licensed from well respected sources (such as EBSCO) and other Content is created by our writers, experts in the medical community or submitted by members of the site. Content provided by our partners is, when appropriate, subject to review by their health and medical experts. Content submitted by users may be, but is not always reviewed by EnvelopHer. However, EnvelopHer reserves the right to edit or delete any postings that may violate our Terms of Service. Each user, including you, grants to EnvelopHer the right to modify, adapt and edit any content posed by that user. The Site also provides users with free access to our online searchable calendar of health events (“Health Events”). Most of what’s on the Site is viewable without registering with us, but to fully participate in our community you must be a registered member. Information on registration is provided below. You acknowledge that the Content is subject to intellectual property laws, including federal copyright law, and agree that you shall not copy, use or otherwise infringe EnvelopHer’s intellectual property rights in the Content.
To register you will need to provide basic information to us, such as your email address, zip code, areas of interest, your screen name/nickname and your choice for password. You may not use a screen name that is vulgar, offensive, threatening, attempts to impersonate another person, or violates the rights of others. We retain the right to modify your user ID. You represent that the information provided about yourself as requested in the EnvelopHer account registration process is complete and accurate. You agree to update your account information including your current email address, so that you may receive notifications and other account-related communications which may include but are not limited to member communications, condition-specific newsletters, member surveys, feature updates, special announcements and/or marketing promotions.
4. Your Personal Information
5. Your Responsibilities
You are responsible for keeping your password confidential, not using your real name, keeping private all personal medical information you deem private and for promptly notifying us if your password has been hacked or stolen. You may notify us by contacting Customer Support at [email protected] You may use the Site and Services for lawful, non-commercial purposes only. When participating in our communities you must comply with any associated Posting Guidelines in section 10. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical actions available to prevent the violation of this provision and to enforce these Terms of Service.
6. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.
7. Additional Terms Applicable to Specific Services
As a convenience to you, some Services on the Site and/or agreements with our partners may allow you to generate a paper or electronic Personal Health Record (PHR) and to store your PHR information on our Site. A PHR is designed to allow fast and convenient disclosure of certain basic medical information to authorized medical personnel, for example in the case of an emergency where you are not able to provide the information yourself. Different PHRs provide different information and we make no warranty that any PHR-related Services on our Site will be sufficient to communicate your specific health information to medical personnel. If you use the PHR-related Services you accept responsibility for entry of inaccurate, erroneous, or unintended information into the PHR or on our Site. It is solely your responsibility to verify the accuracy of any and all information placed in your PHR. If you have questions concerning the presence or absence of a medical condition, we encourage you to consult your physician to clarify any uncertainty. You acknowledge and agree that we are not responsible or liable for the content or accuracy or maintenance of your PHR.
8. Links to Other Sites
The Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that you find objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
9. No Spam
You are prohibited from using the Site or Services to post or send (a) messages that are unrelated to a particular topic of discussion of a news group or message board facilitated by the Site, (b) unsolicited commercial email or post, (c) unsolicited bulk email, (d) mass email, (e) junk email or post, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (collectively, “Spam”). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to “scroll” faster than other users of the Products and Services are able to type, or otherwise acting in a manner that negatively affects another users’ ability to engage in real-time exchanges, (ii) using “bots” or otherwise harvesting other users’ email addresses from the EnvelopHer site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. In addition to any of the foregoing, electronic messages sent or caused to be sent using the Site or Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party’s internet domain name, or be relayed from or through a third party’s computer system, without permission of such third party; or use or contain invalid, non- existent or otherwise false domain names. Any violations of these Terms of Service or the Spam policy in this section may result in legal action against the violator and the termination, without notice, of the violator’s ID and/or any other of the violator’s rights or access associated with the Site, including, but not limited to, email accounts, posts, published Content and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. We do not waive any rights by the failure to enforce this policy in every instance in which it might apply.For more information on our Spam Policy, click here.
10. Content You Post or Submit
In many cases, users of the Site are allowed to post messages, information, video, images and other user Content to the Site (“Postings”), for example within community areas such as forums, diaries, blogs, profile pages, and personal stories. Postings can be accessed and viewed by others, including the public in general. You agree that you will not use the Site to post any material that is knowingly false or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, libelous, invasive of anyone’s, or is otherwise in violation of any law. URLs to other forums, boards, or websites containing such information will not be allowed to be linked from our Site. Users are not permitted to impersonate any person. Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may only post Postings to public areas on the Site that you created or where you otherwise have permission to post. Certain areas of the Site may include additional posting guidelines and, if so, such guidelines are incorporated into these Terms of Service. You may have the opportunity to submit ratings of users, doctors and hospitals on the Site. It is important that you act responsibly when providing these ratings. Please give clear, honest information about the users, doctor or hospital and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. You may also have the opportunity to rate articles and user contributed Content. Please be respectful and thoughtful with your ratings. By submitting Postings to the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium and any manner we choose, and to use your display name to attribute your Postings to you if we so choose. We recommend that you do not use your personal information in your user name/display name to protect your identity and personal heath information. EnvelopHer will have the right, in its sole and absolute discretion, to solicit, sell and place advertisements, sponsorships, and other promotional placements on the the site. You will not be entitled to any revenues realized by EnvelopHer from such activities. Individuals submitting Postings certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting Content further certify that their submissions contain no harmful or destructive Content or output (or links to same), including but not limited to any viruses, worms, and Trojan horses. We assume no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that we are notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, we will remove the material in question in a timely manner, with no obligation to notify the original submitter. If you believe that any Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify us pursuant to the DMCA Procedures outlined in our Copyright Policy. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Service. While some community areas are monitored for topicality, we have no obligation to prescreen Postings, and are not responsible for their Content. We encourage you to notify us of inappropriate or illegal Content by using any “Report Abuse” links included within community areas, and we reserve the right to remove Postings for any reason with or without notice to the posting user. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them. In addition to Postings, you may submit feedback to us. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback that you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.
11. Your Use of Content
All of the Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Content other than Content that you have submitted to the Site and for which you own the copyright.
12. Physician Blogs, Video and Audio and Other Similar Content on the Site
The Physician Content is for consumer informational and educational purposes only. Information conveyed through the Physician Content does not constitute medical advice, and such information should not be so construed or used. We advise our users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read or heard in Physician Content or this Site. Using, accessing and/or browsing the Physician Content and/or providing personal or medical information to a Physician Content author (“Author”) does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a physician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in Physician Content or this Site. Information contained in Physician Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, such information may become out-of- date. The Authors undertake no obligation to update any information on the Site.
Neither we nor the Authors make any representations or warranties with respect to any information offered or provided within or through the Physician Content regarding treatment of medical conditions, action, or application of medication. Under no circumstances, as a result of your use of the Physician Content or this Site, will the Physician Content Author or such Author’s employer or sponsor be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author (and such Author’s employer and/or sponsor) shall have absolutely no liability in connection with the Site for: (a) any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Physician Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information.
You agree to indemnify and hold the Author (and the Author’s employer and/or sponsor) harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you through Physician Content, (2) any violation of law that occurs by you through your use of Physician Content or this Site, and/or (3) anything you do using Physician Content, this Site and/or the information contained therein.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
13. Health Events
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Health Events, use of Health Events, or access to Health Events. EnvelopHer reserves the rights at any time and from time to time to modify or discontinue, temporarily or permanently, Health Events (or any part thereof) with or without notice. You agree that EnvelopHer shall not be liable to you or to any third party for any modification, suspension or discontinuance of Health Events.
14. Advertising & Promotions
We accept advertising that complies with our Advertising & Promotions Policy. Please keep in mind that any dealings that you have with advertisers or sponsors found on the Site are between you and the advertiser or sponsor and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.
15. Important Information About Specific Services
You should always speak to your health care provider before beginning, changing or stopping any medication or nutritional, dietary, herbal or homeopathic supplement or adopting any treatment for a health problem. You are solely responsible for any decisions or actions you take based on the information in the Conditions and Treatments area, including choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments.
16. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you are responsible for compliance with your local laws.
17. Disclaimer of Warranties; Limitation of Liability
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THE SITE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES, AND YOU SHOULD NOT RELY UPON THEM. ENVELOPHER PROVIDES THE SITE AND SERVICES ON AN “AS IS, AS AVAILABLE” BASIS. YOU USE IT AT YOUR OWN RISK, AND NEITHER ENVELOPHER, ITS EMPLOYEES, DIRECTORS OR AGENTS WILL BE LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. ENVELOPHER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. NO WARRANTY NOT SET FORTH IN THESE TERMS OF SERVICE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ENVELOPHER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
18. Disclaimer of Medical Advice
THIS SITE AND THE SERVICES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Site by you or anyone else using your password or computer. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on our Site may be unavailable or deleted.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Site and the Services, including but not limited to any Postings made by you or other use by you of the Site, Content or the Services that infringes or violates any rights of EnvelopHer or any third parties. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
23. No Waiver; Severability
24. DMCA Procedures
We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us pursuant to the terms of our Copyright Policy (which is incorporated herein by reference).
25. Trademark Notices
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, EnvelopHer. No right, license or interest to such trademarks is granted by this Agreement.
26. Clarissa International, a Arizona corporation, dba EnvelopHer is a privately held company that is funded through its investors and sale of advertising and sponsorship products to providers of women’s health services and products.
27. Changes to Terms of Service
We reserve the right, at any time and without notice, to add to, change, update or modify these Terms of Service, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site. If you have any questions or concerns about our policy or its implementation, you may contact us at this email address: [email protected]
28. Arbitration Agreement and Waiver of Class Action.
a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
You may begin an arbitration proceeding by following the American Arbitration Association’s (AAA’s) filing requirements and mailing a request for arbitration and description of your claim to our registered agent, Capitol Services, Inc., 1675 South State Street, Suite B, Dover, Delaware 19901. The AAA’s Rules of Commercial Arbitration will apply (available at www.adr.org or by calling 1-800-778-7879). The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. Notwithstanding any of the foregoing, THE ARBITRATOR WILL NOT BE EMPOWERED AND DOES NOT HAVE THE AUTHORITY TO HEAR OR DECIDE ANY CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, TO AWARD PUNITIVE OR EXEMPLARY DAMAGES OR TO AWARD ATTORNEYS’ FEES TO THE PREVAILING PARTY.
You may opt out of this agreement to arbitrate by providing written notice of your intention to do so to EnvelopHer within 60 days of the earlier of your first use of the Site or Services or your registration with the Site or Services.
These Terms of Service were last updated 10/10/2011