Site Terms and Privacy Policy

Terms and Conditions of Use

(Updated September 2008)

Important Information About Using Our Web Site. Please read and review these Terms and Conditions of Use carefully before accessing or using this Web site. By accessing or using this site, you acknowledge that you have read, understood and agreed to these Terms and Conditions of Use, including the Privacy Policy. If you do not agree to these Terms and Conditions of Use (including the Privacy Policy), do not access or use the site. We may change these terms and policies from time to time, and your continuing use of this Web site means that you accept and agree to any changed Terms and Conditions of Use (including Privacy Policy). You will always be able to view the most current version of our Terms and Conditions of Use and Privacy Policy by clicking on a link at the bottom of any page on our site.

Important Information About Your Privacy. We understand and recognize the importance of your personal privacy. Our Privacy Policy is available on this site, and by accessing or using the site, you are agreeing to be bound by the Privacy Policy. The Privacy Policy is incorporated in its entirety by reference into these Terms and Conditions of Use.

Important Information About Our Content

WE DO NOT PROVIDE MEDICAL ADVICE.

Consult your doctor or call 911 immediately if you are experiencing a medical emergency. We strive to provide you with timely, accurate information about health and wellness, but you should not view the information on this site as medical advice. The material that appears on the site (which includes all the text, graphics, videos, licensed information, links to external sites, and any other materials on the site) is for informational and entertainment purposes only. We make no representation that any information on this site is appropriate for you. The content on this site is in no way intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on this site. We urge you to recognize and remember that your use of the information on this site is solely at your own risk. We (as well as our information providers) make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the site.

We don’t endorse any products, services or procedures. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site.

We may link to other sites and display third party advertisements on the site, but we don’t accept any responsibility for them. Although we are selective about which organizations we link to and accept advertisements from, we don’t assume any responsibility for any of our advertisers, or any Web sites that are linked to our site or that you go to after following a link from our site. Such links are provided merely as a convenience and do not imply an endorsement or recommendation by us. We are not responsible for, and cannot guarantee the accuracy of, the content on our advertisers’ sites or the sites of others to whom we link. We are also not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.

Our editorial content is dedicated to excellence and is independent and not influenced by any other organization or company. We maintain a strict policy of editorial excellence. We maintain complete control of all audio, written and graphic materials that comprise our programs. We do not allow our sponsors or advertisers to influence or make changes to our content. We will always clearly identify and label advertising on our Web site. The primary content on our site comes from interviews with respected health care professionals. In addition, all video content on the site is reviewed and edited for medical accuracy, prior to publishing (although we do not warrant its accuracy, completeness or applicability to you).

The design of our site and all the content on it is protected under U.S. and international copyright laws. This site is owned and operated by MediVista Media, LLC, and contains materials that it both creates and licenses from other sources. You may look at our site. You may view our videos. You may use the tools and calculators on the site. You may download individual articles to your personal or handheld computer for later reading, or print copies for your own personal use. You may forward copies of our videos to others using the tools provided on this site for that purpose. If you do make copies or forward materials from this site, you must not remove any legal notices, including copyright notices. We reserve all other rights. This means you must obtain our written permission to make copies of the materials to sell; if you rewrite or modify our content; redistribute it (other than as authorized herein), put it on your own Web site, or create any derivative work based on images, text or graphs on this site or use it for any commercial purpose.

If you violate any of these Terms and Conditions of Use, your permission to use the Web site automatically terminates and you must immediately destroy any copies you have made of any portion of the site.

We own the names we use for our products and services on this site, and these names are protected by U.S. and state trademark laws. All other trademarks are the property of their respective owners. You may not use any of our marks (or marks confusingly similar to our marks) in any manner that may cause confusion or that would violate trademark and/or unfair competition laws.

You give us a license to materials you send to us or that you post on this site. By submitting video or posting messages, uploading files, inputting data, or engaging in any other form of communication through this site (your “Content Submission”), you are granting us a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, sublicenseable, worldwide license to use, copy, distribute, adapt, transmit, publicly perform and publicly display your Content Submission. With respect to any Content Submission that consists of a video, this grant includes your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection to your video. You acknowledge and agree that you shall not be entitled to share in any revenue that we or other related parties may or may not earn or generate through its use of your Content Submissions.

You represent and warrant that your Content Submission is your original work and that you have secured any and all rights, releases and permissions necessary for our use and distribution of your Content Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Content Submission (collectively, the “Elements”). You represent and warrant that no further permissions or fees are due for our use and distribution of your Content Submission or any Elements therein. You agree to provide us with copies of all releases and permissions upon request. You further represent and warrant that all statements made by you or others in the Content Submission are true and that nothing in your Content Submission will defame any person or entity, invade a third party’s right of privacy or publicity, infringe upon the rights of any third party, or otherwise violate any law or regulation.

By submitting your Content Submission to us, you hereby waive any right of inspection or approval of your Content Submission as used and distributed by us or our sublicensees, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put.

You acknowledge that we will rely on the foregoing terms and conditions potentially at substantial cost to us, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless MediVista Media, LLC, its parent, subsidiary and affiliated companies, and their sublicensees, including the officers, directors, employees, agents and representatives of any of these, from any and all claims arising from the use of your Content Submission as permitted herein.

You shall retain full ownership of your Content Submission and the Elements incorporated therein. We do not claim a copyright in your Content Submission or any of its Elements. We understand that our rights are solely by the license granted herein.

The personal information you submit to us is governed by the Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions of Use and the Privacy Policy, these Terms and Conditions of Use shall govern.

You agree that you will not use any materials from the Web site for any purpose that is unlawful or prohibited by the Terms and Conditions of Use. We reserve the right to deny you access to any and all parts of this site for any reason, and at our sole discretion. CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY CONTENT SUBMISSIONS. We encourage you to report offensive or illegal content by using the “Contact Us” link on the site.

You represent and warrant that you are at least thirteen (13) years of age and that you possess the legal right and ability to agree to the Terms and Conditions of Use and to use the site in accordance with the Terms and Conditions of Use. You agree to be responsible for your use of the site (as well as for use of your internet account by others — whether authorized or unauthorized — including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions of Use.

You use this site at your own risk and the site is presented “as is.” We can’t control the internet, so we can’t assume liability for the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the site. MEDIVISTA MEDIA, LLC, ITS LICENSORS, AND ITS SUPPLIERS AND ANY THIRD PARTIES MENTIONED ON THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS OR CURRENTNESS. THERE ARE NO WARRANTIES AS TO UNINTERRUPTABILITY, COMPATABILITY, TIMELINESS OR SECURITY OF THIS SITE OR THE LINKS OR COMMUNICATIONS PROVIDED THROUGH THIS SITE; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE SHALL MEET ANY PARTICULAR CRITERIA OR PERFORMANCE QUALITY OR THAT THE SITE, OR SERVERS UPON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF THE SITE IS SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND ASSUME THE RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE. MEDIVISTA MEDIA, LLC, ITS AFFILIATES AND ITS SUPPLIERS AND ANY THIRD PARTIES MENTIONED ON THE SITE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SITE OR THE INABILITY OF YOU TO USE THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, ANY DAMAGES FOR LOSS OF PROFITS, LOST DATA, BUSINESS INTERRUPTION, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES, OR ANY ATTORNEY’S FEES, EVEN IN EACH CASE IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTE: SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE MAY NOT APPLY TO YOU.

Without limiting the foregoing, MediVista Media, LLC, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of any of the information or materials on the site, software, text, graphics, links, or communications provided on or through the use of the site.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the information or materials on the site.

Without a written agreement with us to the contrary, you may provide a link to the Web site, but you must obey the following rules for linking to the site or any pages within the site:

You may use only the name EVERWELL.COM in linking to the Web site, but no design elements or logo.

The link’s appearance, position or other characteristics must not damage or dilute the goodwill associated with our reputation or trademarks.

The link’s appearance, position or other characteristics must not create the false impression that we sponsor, endorse or are associated with any other entity, product or service.

The link must display the site on the full-screen and not within a frame.

You aren’t allowed to link to us if you engage in illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

We reserve the right to revoke our consent to any link at any time; in which case, you agree to remove your links to the site immediately upon notice.

We control this Web site from our offices within the state of Georgia in the United States of America. The site can be accessed from any of the United States and from other countries. Since the laws of each state or country able to access the site may differ, by accessing the site, you agree that the statutes and laws of the state of Georgia, without regard to its choice of laws principles, will apply to all matters relating to use of our site.

Use of this site is intended by individuals within the United States only. We make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where its contents are illegal is prohibited. If you elect to access and use the site and its materials from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to your use of the site, resides in the courts of the State of Georgia. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute.

Miscellaneous Provisions. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action or claim you may have with respect to the site and/or the Terms and Conditions of Use must be commenced within one (1) year after the claim or cause of action arises.

Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. Our agent may be contacted as follows:

Everwell

Attn: Copyright

115 E Main St

Suite A1B-9F

Buford, GA 30518

404-817-7767

We will act expeditiously to address your claim. In addition, please note that we will not use any Content Submissions from a user who has been found to be a repeat infringer.

The Terms and Conditions of Use (including the Privacy Policy) constitute the entire agreement between MediVista Media, LLC and you with respect to your access and use of the site. Any failure by us to insist upon or enforce strict performance of any provision of the Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of the Terms and Conditions of Use.

Thank you for your cooperation. We hope you find the Web site helpful and convenient to use! Questions or comments regarding this site, including any reports of non-functioning links, should be submitted using our “Contact Us” Form or via U.S. mail to: Everwell.com, 115 E Main Street, Suite A1B-9F, Atlanta, GA 30518.

Privacy Policy

(Updated September 2008)

We understand how important the privacy of personal information is to our users. This Privacy Policy will tell you what information we collect about you and what we do with such information. We urge you to read this Privacy Policy carefully so that you will understand clearly both our commitment to you and your privacy, and how we may collect and use personal information. By using the Web site, you agree to the terms of this Privacy Policy, which are incorporated into the Terms and Conditions of Use.

Please remember that this Privacy Policy applies only to your use of this site. If you access a third party site from a link on this site, any information you reveal on such third party site is not subject to this Privacy Policy. You should consult the privacy policies of each site you visit.

Personal Information We Collect.

Personal Information is information that can be used to identify or contact you. We collect Personal Information in many ways. First, we collect Personal Information that you provide to us when you send us an email, submit content to us, when you provide responses to a survey or poll that we may have on the site, or request that we send information to a friend. We will never share this type of Personal Information with a third party without your consent. Second, we collect Personal Information from you about your use of our Web site and traffic to Web sites of our advertisers or others to whom we may provide a link from our site. As an example, we may use “cookies” and/or “Web beacons” to collect information about your use of our site. We may share this type of Personal Information with third parties in the aggregate, but never in a manner that may identify a particular user. Third, when you visit our site, our servers will automatically collect log information. This information may include your Web page request, Internet Protocol (IP) address, browser type, browser language, the date and time of your request, as well as one or more cookies that may uniquely identify your browser. We collect log information so that we can properly administer our system and gather aggregate information about how our site is being used, including the pages visitors are viewing. We may share this type of Personal Information with advertisers and other third parties on an aggregate basis, but never in a way that would indicate the identity of a particular user.

Use of Cookies.

We may use cookie technology and other tracking devices on our Web site. A cookie is a string of information that is sent by a Web site and stored on your hard drive or temporarily in your computer’s memory. When you arrive at our site or take advantage of key features, we may pass cookies to your computer. Using cookies on our site provides benefits to you, such as allowing you to maintain your site usage information in the Interactive Neighborhood between visits, for example. The use of cookies also allows us to measure site activity to provide a better user experience. Cookies and other tracking devices may be used to tell us the time and length of your visit, the pages you look at on our site, the site you visited just before coming to ours, and the name of your Internet service provider.

You may elect to refuse cookies. Please refer to your Internet browser Help instructions to learn more about cookies and how to manage their use.

We will not share Personal Information received from cookies with any third party in a manner that may identify a particular user.

IP Addresses. An IP address is a number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. We collect IP addresses in order to conduct system administration, report aggregate information to advertisers and others with whom we may link, and to conduct site analysis. If a user requests pages from the site, our servers enter the visitor’s IP address into a log. To maintain visitor anonymity, we do not associate IP addresses with records containing other Personal Information. However, we will use IP addresses to identify any user who fails to comply with our Terms and Conditions of Use, and to identify users who threaten our service, site, users, advertisers or others.

Web Beacons. We also may use Web Beacons to collect Personal Information about your use of our Web site and the Web sites of selected advertisers and third parties to whom we may link, and your use of special promotions or newsletters. The information collected by Web Beacons allows us to statistically monitor (i) how many people are using our Web site and selected advertisers’ and third parties’ sites, (ii) how many people open our emails, and (iii) for what purposes these actions are being taken. Our Web Beacons are not used to track your activity outside of our Web site or those of our advertisers. We do not link Personal Information collected from Web Beacons to other Personal Information without your permission and do not use Web Beacons to collect or store Personal Information about your health.

Surveys and Polls. From time to time, we may request information from you via surveys or polls. Participation in these surveys and polls is completely voluntary and it is your choice whether or not to disclose this information. The requested information may include contact information (such as name and address), and demographic information (such as gender and age). Contact information will only be used to validate the uniqueness of a survey or poll submittal. Personal Information collected in this manner is not shared with third parties unless we give prior notice to you and you have the choice to decline such.

Connect with Us. When you submit any content to us, including videos or emails, we receive your e-mail address and/or first and last name. Your contact information is stored in case we need to contact you and to identify you with the content you have submitted. We may contact you to determine if you would like to be identified should we decide to use your content on the site. Please note that the Terms and Conditions of Use govern our use of any Personal Information, either your own or of others, you provide in videos or other content that you submit to us.

Email to a Friend. If you elect to use our referral service to forward content to a friend, we ask for your email address and your friend’s name and e-mail address. We e-mail the video, article or other content you designate to your friend’s e-mail address and list your e-mail address as the sender. We use the friend’s e-mail address only for the purpose of sending your friend the email you requested and for no other purpose, unless otherwise disclosed to you at the time you send the e-mail.

Privacy of Children. We are very concerned about the privacy of children. This site is not designed nor intended to attract children under thirteen (13). For that reason, we never collect or maintain information at our Web site from those we actually know are under 13, and no part of our Web site is structured to attract anyone under 13.

Disclosure of Your Information. Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any Personal Information we gather from you on our Web site in any manner that could be used to identify a particular user. We may release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct. In the event that we are legally compelled to disclose your Personal Information to a third party, we will make reasonable efforts to notify you in advance, unless doing so would violate the law or court order.

Outside Links. For your convenience, the Web site provides links to Web sites operated by others. We do not disclose your Personal Information to the operators of these third party Web sites without obtaining your consent. Moreover, we do not endorse and are not responsible for the privacy practices of these sites. If you choose to link to one of these sites, you should review the privacy policy posted on this other Web site to understand how that third party Web site collects and uses your Personal Information.

Information Security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

We recognize the importance of safeguarding Personal Information in our possession from theft, inappropriate use or improper distribution. It should, however, be recognized that no company can perfectly protect Personal Information. Like other Internet sites, we cannot guarantee that it is completely secure from individuals who might attempt to bypass security measures or intercept transmissions over the Internet. Similarly, we cannot completely ensure the privacy of e-mail communications to and from our site because they are not encrypted and, therefore, not secure. These communications, like most Internet e-mail, could be intercepted without your knowledge and permission, while in transit to or from our site. This includes e-mail you send to us through our various mailboxes and information e-mailed from our site to others using features such as “Send this to a friend.”

Privacy Inquiries. If you have any concerns or questions regarding our privacy practices or this Privacy Policy, you may contact us at webmaster@everwell.com.

Policy Modifications. We retain the right to change this Privacy Policy from time to time. We will post any changes here, so be sure to check back periodically. The date on which the Privacy Policy was last updated will appear at the top of this Privacy Policy.

Changes in Our Corporate Structure. If all or part of our company is sold, merged or otherwise transferred to another entity, the Personal Information you have provided at this site may be transferred as part of that transaction. We will take steps to ensure that, without your consent, any Personal Information that is transferred will not be used or shared in a manner inconsistent with the Privacy Policy under which it was collected.