Terms of Service ("Terms")

updated: July 1, 2018

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.healthesigns.com website and the www.healthesigns.com mobile application (the "Service") operated by HealtheSigns, Inc. ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using any part of the Service you agree to be bound without limitation or qualification, these Terms.


Requirements

You can only use this Service if you can form a binding contract with HealtheSigns, Inc. and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You represent that you are authorized to accept these Terms on behalf of yourself or a legal entity you represent. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE. By using the Service, you represent and warrant that you are at least 18 years of age.


Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring monthly or annual basis. To end your subscription turn off your www.healthesigns.com and send us an email you wish to terminate. You will not be billed for any months you do not use the service provided you return the HealtheSign hardware we provided.


Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the content shared on our site. Any violations – either legal or ethical – are your responsibility and not the responsibility of HealtheSigns, Inc. .

You retain your rights to any content or information you submit, post, or display on or through the Service ("User Content") and HealtheSigns, Inc. does not claim ownership of any of your User Content. Instead, for good and valuable consideration, including the right to use the Service, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to HealtheSigns, Inc. and their respective parents, subsidiaries and affiliate companies successors, assigns, designees, agents and employees the non-exclusive, fully paid, sub-licensable, assignable, royalty-free right to use your User Content, in any and all media now known or hereafter developed, throughout the world as required to deliver the service to you.

HealtheSigns, Inc. in its sole discretion will determine what Content is appropriate. Although it is under no obligation to screen or monitor Content, HealtheSigns, Inc. may remove any Content at its sole discretion.

You affirm and warrant that:


Our Service provides a large library of content information, text, graphics, videos, and other material ("Provided Content"). You can only use this information on authorized HealtheSign players and can not remove or copy any content to other media or for any other purpose.


Third Party Links, Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

HealtheSigns, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HealtheSigns, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.


Prohibited Uses

You agree not to enage in any of the following prohibited activities""


Security

We take the security of your information seriously. However, we cannot guarantee that unauthorized third parties will never be able to default our security measures and gain access to your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.


Closing Your Account

HealtheSigns, Inc. reserves the right to close you account and delete all of your information for non-payment. You can cancel you account and have us remove your information by sending us an email support@healthesigns.com


Indemnity

You agree to indemnify, defend and hold harmless Tinybeans, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.


No Warranties / Limitation of Liability

You agree to indemnify, defend and hold harmless HealtheSigns, Inc., its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.


EXCEPT FOR THE EXPRESSED WARRANTIES STATED IN THIS AGREEMENT, HEALTHESIGNS AND LICENSOR MAKE NO FURTHER WARRANTIES AND EACH HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ACCURACY, CORRECTNESS, COMPLETENESS AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.


Proprietary Rights

Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms and Conditions are reserved by HealtheSigns, Inc. .


No Waiver

No forbearance by any of the parties of any right or breach of any provision of this Agreement shall be construed to be a waiver of any such right or any other right or of any succeeding breach of any of the provisions hereof.

Entire Agreement

This writing constitutes the entire Agreement between the parties hereto as to the matters addressed herein, and supersedes any prior understandings or Agreements among them respecting the subject matter. There are no representations, agreements, arrangements or understandings, oral or written, among the parties hereto, relating to the subject matter of this Agreement, except those fully expressed herein. No changes, alterations, modifications, or additions to the terms of this Agreement shall be made or be binding unless made in writing and signed by each of the parties hereto. It is agreed that the terms of this Agreement shall control over the terms of any www.healthesigns.com manual or handbook.

Arbitration

Except in the event HealtheSigns, Inc. seeks equitable relief in Court arising from or related to your breach or threatened breach of the terms or provisions of this Agreement, all other controversies, disputes or claims arising out of or related to this Agreement, shall, upon the request of any party involved, be submitted to, and settled by, arbitration in the Atlanta Regional Office, State of Georgia, pursuant to the Commercial Arbitration Rules then in effect of the American Arbitration Association (or at any time or at any other place or under any other form of arbitration mutually agreed to in writing by the parties). The claims covered by the above include, but are not limited to, all claims covered by the Agreement, or the making, performance, or interpretation of it, including any determination by the Company that User has breached [his or her] obligations under this Agreement. Notwithstanding this agreement to arbitrate, neither party waives the right to seek through judicial process, preliminary injunctive relief to preserve the status quo or prevent irreparable injury before the matter can be heard in arbitration. The arbitrator shall issue a written arbitration decision stating the arbitrator's essential findings and conclusions upon which any award is based. A party's right for review of the decision is limited to grounds provided under applicable law. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in a state or federal court having jurisdiction. The arbitrator shall award to the successful or prevailing party its attorneys' fees, court costs and expenses incurred in such action, in addition to any other relief to which such party may be entitled.

BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH THE COMPANY AND USER GIVE UP ALL RIGHTS TO TRIAL BY JURY.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


Contact Us

If you have any questions about these Terms, please contact us at