TERMS AND CONDITIONS – HARTFIXR LLC
PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS.
This Site (the “Site”) is owned and operated by Hartfixr, LLC, (“Hartfixr”). These Terms and Conditions apply to your use of the Site and govern your rights and responsibilities in connection with such use. These Terms and Conditions are a binding legal agreement between you and Hartfixr: please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the terms contained herein.
The term “Site” includes the content on the Site and all of Hartfixr's products and/or services provided for sale on or through the Site. You “use” the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof). Your use of the Site (or any part thereof) signifies your agreement to be bound by these Terms and Conditions, or the policies and conditions that govern the use of the Site at any time. Hartfixr reserves the right at its sole discretion to change, modify, and/or add to these Terms and Conditions or the policies and conditions that govern the use of the Site, in whole or in part, at any time without notice. Your continued access or use of the Site shall be deemed your notification and acceptance of these changes and will constitute your agreement to be bound thereby.
Although the Site is targeted to United States residents only, it may be accessed in other parts of the world. If you are not a United States resident and yet use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of Hartfixr) to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A UNITED STATES RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE UNITED STATES, AND TO THE PROCESSING OF SUCH DATA ON HARTFIXR’S UNITED STATES SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY UNITED STATES LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
A. Information on the Site is provided for informational purposes only and it is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. The information contained in the Site is made available with the express understanding that neither Hartfixr, Dr. Richard Shlofmitz, and/or any other physicians or healthcare professionals affiliated with the Site, nor the Site itself, nor members of the Site are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER. For any products or services purchased from the Site, you should read carefully all product packaging and instructions. Information provided on the Site and the use of any products or services purchased from the Site by you does not create a doctor-patient relationship between you and any of the physicians or healthcare providers/ professionals affiliated with the Site.
B. The Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively referred to herein as “Content”). The Content of the Site and all copyrights, patents, trademarks, service marks, trade names, logos, page headers, custom graphics, icons, and all other intellectual property rights therein are owned by Hartfixr and are protected by applicable United States and international copyright and other intellectual property laws.
You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site Content and/or any portion thereof. Unless expressly authorized by Hartfixr pursuant to these Terms and Conditions, or unless you have otherwise obtained Hartfixr’s written permission, you agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site and expressly permitted hereunder, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site or any component part thereof.
Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Hartfixr and a violation of these Terms and Conditions and may subject you to civil and/or criminal liability under applicable laws.
C. The Site may link to and/or contain advertisements about non-Hartfixr owned or controlled web sites or other internet resources. You acknowledge and understand that Hartfixr does not endorse or sponsor such other third party web sites or other internet resources and Hartfixr expressly and specifically disclaims any responsibility and liability for any content, software, functionality, services or advertised products or services found on or related to any such third party web site or other internet resources.
D. Certain products may be offered for sale on the Site. In the event you wish to purchase any of these products, you will be asked by the Site or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide the Site or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
E. The use of the Site is limited to users 13 years of age and older. By using this Site, you represent and warrant that (a) you are 13 years of age or older and (b) your use of the Site does not violate any applicable law, rule or regulation. Certain features of the Site may be subject to heightened age and/or other eligibility requirements. Further, all purchases of products on the Site must be made by adults 18 years of age or older. If you provide any untrue or inaccurate information, Hartfixr has the right to suspend or terminate your access to the Site (in whole or in part), in its sole discretion, with or without notice to you, and without liability or obligation to you.
F. Hartfixr respects your privacy and the use and protection of your personal information. In the course of your use of the Site, you may be asked to provide personal information to Hartfixr. You acknowledge and agree that you are solely responsible for the accuracy and content of such personal information.
G. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, HARTFIXR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Hartfixr does not make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any web sites, personal social media or other internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of Hartfixr’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of Site Content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site. Hartfixr reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site.
No oral advice or written information provided by Hartfixr shall create a warranty of any kind. Your use of the Site and any web site linked to the Site is expressly at your own risk. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on the Site for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and/or healthcare professional before purchasing or using any products or information available on the Site. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from the Site. Information provided on the Site and the use of any products purchased from the Site by you DOES NOT constitute a doctor-patient relationship between you and any of the physicians affiliated with the Site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Hartfixr explicitly disclaims any responsibility for any product or service or the accuracy, content, or availability of information found on other web sites that contain links to or from the Site. Hartfixr is not responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against Hartfixr with respect to such web sites. Price and availability information on the Site are subject to change without notice.
H. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL HARTFIXR OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AUTHORIZED DESIGNEES, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
I. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Hartfixr may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Hartfixr's liability shall be the minimum permitted under such applicable law.
J. You agree to indemnify and hold harmless Hartfixr and its respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from any (i) Content you submit, post to or transmit though the Site, (ii) your use of the Site, (iii) your connection to the Site, (iv) your violation of any person's intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms and Conditions by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (vi) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). Hartfixr reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hartfixr in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
K. Hartfixr reserves the right to monitor the Site and to disclose any information recorded or posted on, submitted to, or transmitted through the Site to the extent that Hartfixr, in its sole discretion, deems such disclosure necessary or appropriate to comply with any law, regulation, subpoena, or government request, to operate the Site, or to protect Hartfixr’s rights or property or the rights or property of Hartfixr’s users. In addition, Hartfixr is committed to protecting the privacy of children. The Site is not intended or designed to attract children under the age of 13 (see “E” above).
L. These Terms and Conditions shall be construed and enforced in accordance with the laws the State of New York without regard to any choice of law or conflict of laws principles, regardless of where you live. Hartfixr makes no representation that the Content on the Site is appropriate, legal or available for use in other locations. Those who choose to access the Site from other locations do at their own risk and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to the Site, the products purchased from the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of New York, without reference to its choice of law provisions. If there is a dispute between you and Hartfixr, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in either Nassau County or Suffolk County, New York.
M. If any of the provisions of these Terms and Conditions shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Hartfixr to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
N. These Terms and Conditions are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site.
Hartfixr may, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. Subject to applicable law, Hartfixr reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that Hartfixr may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you understand and agree that Hartfixr shall not have any liability to you or any other person for any termination of your (or anyone else’s) access to the Site or parts thereof. You may discontinue your access to, use or participation on the Site at any time.
O. These Terms and Conditions constitute the entire agreement between you and Hartfixr. You agree and understand that any representation, promise, condition, inducement or warranty, express or implied, not included in these Terms and Conditions shall not be binding upon any party, and that the Terms and Conditions herein apply as printed without alteration or qualification, except as specifically modified in writing.