Terms of Use Agreement
We (the folks at Healthy Rant) run a blog and website on the topic of health called healthyrant.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as fitness courses and weight loss courses from time to time. Our service is designed to give you as much control and ownership over what goes on the site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear in your comments, guest posts or get linked to from your comments, posts or links (things like spam, viruses, or hate content).
Terms of Service:
The following terms and conditions govern all use of the HealthyRant.com website and all content, services and products available at or through the website. The Website is owned and operated by eLife Media, LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Healthy Rant’s Privacy Policy) and procedures that may be published from time to time on this Site by eLife Media (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by eLife Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Responsibility of Contributors. If you comment on the blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or video file. By making Content available, you represent and warrant that:
o the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
o if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
o you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
o the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
o the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
o the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
o your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
o your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your content with a URL link or name is not the name of a person other than yourself or company other than your own; and
o you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by eLife Media or otherwise.
By submitting Content to eLife Media for inclusion on Healthy Rant, you grant eLife Media a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting health. If you delete Content, eLife Media will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, eLife Media has the right (though not the obligation) to, in eLife Media’s sole discretion (i) refuse or remove any content that, in eLife Media’s reasonable opinion, violates any eLife Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in eLife Media’s sole discretion. eLife Media will have no obligation to provide a refund of any amounts previously paid.
o Restricted Use. You may not use the HealthyRant.com to substantially replicate products or services offered by eLife Media, including the republication of HealthyRant.com content or the creation of a separate publishing platform. If eLife Media believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the HealthyRant.com may be temporarily or permanently revoked, with or without notice.
2. Responsibility of Website Visitors. eLife Media has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, eLife Media does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. eLife Media disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which HealthyRant.com links, and that link to HealthyRant.com. eLife Media does not have any control over those non-eLife Media websites and web pages, and is not responsible for their contents or their use. By linking to a non- eLife Media website or webpage, eLife Media does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. eLife Media disclaims any responsibility for any harm resulting from your use of non- eLife Media websites and web pages.
4. Copyright Infringement and DMCA Policy. As eLife Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HealthyRant.com violates your copyright, you are encouraged to notify eLife Media in accordance with Digital Millennium Copyright Act (“”DMCA”). eLife Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. eLife Media will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of eLife Media or others. In the case of such termination, eLife Media will have no obligation to provide a refund of any amounts previously paid to eLife Media.
5. Intellectual Property. This Agreement does not transfer from eLife Media to you any eLife Media or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with eLife Media. eLife Media, HealthyRant.com, the HealthyRant.com logo, and all other trademarks, service marks, graphics and logos used in connection with HealthyRant.com, or the Website are trademarks or registered trademarks of eLife Media or eLife Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any eLife Media or third-party trademarks.
6. Changes. eLife Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. eLife Media may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. eLife Media may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HealthyRant.com account/ membership (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided “as is”. eLife Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither eLife Media nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will eLife Media, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to eLife Media under this agreement during the twelve (12) month period prior to the cause of action. eLife Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the eLife Media Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless eLife Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
12. General Medical Information Disclaimer.
FIRSTLY, THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL, AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. HEALTHYRANT.COM OR ITS PARENT
COMPANY ELIFE MEDIA, IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE.
ALL CONTENT (“CONTENT”), INCLUDING TEXT, GRAPHICS, IMAGES, VIDEO, AND INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.
SECONDLY, THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. NEVER RELY ON INFORMATION ON THIS WEBSITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.
THIRDLY, ELIFE MEDIA IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE. YOU ARE ENCOURAGED TO CONFER WITH YOUR DOCTOR WITH REGARD TO INFORMATION CONTAINED ON OR THROUGH THIS WEBSITE. AFTER READING ARTICLES OR OTHER CONTENT FROM THIS WEBSITE, YOU ARE ENCOURAGED TO REVIEW THE INFORMATION CAFEFULLY WITH YOUR PROFESSIONAL HEALTHCARE PROVIDER.
Additional Disclaimers
13. eLife Media, LLC makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in this website. Users of this website should be aware that information about health care changes constantly; since this website is only updated periodically, it may not contain the most recent information.
14. The use of this website does not create a doctor-patient relationship. In consideration for your use of and access to this website, you agree that in no event will eLife Media be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this website.
15. The user assumes all responsibility and risk for the use of this website. Under no circumstances shall eLife Medica, LLC or its contributors/employees, its affiliated organizations or anyone else involved in creating or maintaining this website be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS that result directly or indirectly from the use or inability to use the web site and/or any other web sites which are linked to this site – or that result directly or indirectly from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access. In states which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
16. Visitors agree to use the website only for lawful purposes and are prohibited from posting on the website any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. This website implemented reCAPTCHA v3 on your site and their use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use. reCAPTCHA may only be used to fight spam and abuse on your site. reCAPTCHA must not be used for any other purposes such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.
17. Miscellaneous. This Agreement constitutes the entire agreement between eLife Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of eLife Media, or by the posting by eLife Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bexar County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Antonio, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; eLife Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.