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Terms & Conditions

Effective Date: September, 2022

These Skelehelath Terms and Conditions (the “Terms and Conditions”) govern your use of the Skelehealth LLC. (“Skelehealth,” “Company”, “we,” “us,” or “our”) services, Content (as defined below), website (the “Site”), mobile services, sweepstakes, promotions, Member Content (as defined below), and/or any other analyses, research, opinions, reports and/or other information provided by or through the same (collectively, the “Services ”).

The Skelehealth Privacy Policy (“Privacy Policy”) is expressly incorporated herein by reference (these Terms and Conditions, the Privacy Policy, and all other terms, documents and policies incorporated herein by reference, collectively, the “Agreement”). The Agreement constitutes the entire and only agreement between you and Skelehealth with respect to your use of the Services and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services.

By using the Services, you acknowledge that you have read, understand, agree to be bound by, and accept the Agreement and consent to the collection, use and sharing of your information and other activities as described in the Privacy Policy. Please review the Agreement carefully. If you do not agree to be bound by the Agreement, you should not access or use the Services. The Agreement constitutes a legally binding agreement between Skelehealth and you.

MODIFICATION OF AGREEMENT

Skelehealth may, without notice, update, revise, or change these Terms and Conditions in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes that arose prior to the applicable amendment or modification.

The latest Agreement will be posted on the Site and shall be effective immediately upon publication of the modified Agreement. It is your responsibility to review the Agreement prior to using the Services. Your continued use of the Services means that you accept and agree to the changes. Therefore, you should regularly check the Site for any updates and/or changes. 

NO MEDICAL ADVICE 

SKELEHEALTH IS NOT A MEDICAL OR HEALTHCARE PROVIDER, AND WE DO NOT ENGAGE IN PATIENT DIAGNOSIS OR THE PRACTICE OF MEDICINE. THE CONTENT AND MEMBER CONTENT PRESENTED BY AND THROUGH THE SERVICES ARE IN NO WAY INTENDED AS MEDICAL ADVICE AND ARE NOT PROVIDED FOR THE PURPOSE OF DIAGNOSING MEDICAL PROBLEMS OR CONDITIONS, NOR ARE THEY A SUBSTITUTE FOR MEDICAL TREATMENT AND/OR PHYSICAL THERAPY. 

THE SERVICES ARE NOT, AND SHOULD NEVER BE, A SUBSTITUTE FOR THE ADVICE OF A LICENSED HEALTHCARE PROVIDER OR MEDICAL PROFESSIONAL. USE OF THE SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP. 

CONTENT THAT IS MADE AVAILABLE BY AND THROUGH THE SERVICES SHOULD BE DISCUSSED AND CONFIRMED WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE ADOPTING ANY WELLNESS PROGRAM, EXERCISE PROGRAM, OR OTHER TREATMENT, WHETHER OFFERED ON THE SITE, THROUGH THE SERVICES OR OTHERWISE. 

USE OF THE SERVICES IS AT YOUR OWN RISK. 

INFORMATION AND STATEMENTS REGARDING SOME OF THE PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.

ACCESS TO THE SERVICES AND ACCOUNT SECURITY 

The Services are not available to:

  • Any users previously suspended or removed from the Services (unless such suspension or removal has been expressly rescinded by Skelehealth); of
  • ANY PERSONS UNDER THE AGE OF 18 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN.

Skelehealth reserves the right, in its sole discretion, to deny access to any of our Services to anyone, for any reason whatsoever, as permitted by applicable law. 

We also reserve the right to discontinue, withdraw, or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to you or any other users, including registered users.

You are responsible for both making all arrangements necessary for you to have access to the Services.

ACCOUNT REGISTRATION

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide on the Services is correct, current, and complete and that you update such information as necessary to maintain it in an up-to-date and accurate fashion. 

You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to accept responsibility for all activities that occur through use of your account, username and password.

ACCOUNT LIMITATION & TERMINATION

Skelehealth agrees that it will terminate your access to the Services upon notice from you to do so. Your right to use the Services is subject to all limits established by Skelehealth in its sole discretion.  

ONLINE STORE TERMS

By purchasing any of the Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the Services.

PRODUCTS OR SERVICES

Prices for our Services are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

RELIANCE ON CONTENT 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.  

The Content is compiled, distributed and displayed by Skelehealth, as well as Skelehealth members (“Members”), and other third-party content providers (“Third-Party Providers”). Skelehealth does not control the Content provided by Members and/or Third-Party Providers that is made available by and through the Services. Such Members and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. You may find certain Content as posted by Members and/or Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Services.

If you would like to register a complaint, notify Skelehealth of a dispute, notify Skelehealth of any improper use of your Content or other information, or notify Skelehealth of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at privacy@skelehealth(dot)com.

MEMBER FEEDBACK/INTERACTIONS/COMMENTS/SUBMISSIONS

As part of your use of the Services, you may upload, post, distribute, disseminate, or send to us content or materials, including but not limited to, photographs, captions, statements, feedback, and other content (collectively, “Member Content”) which we, at our discretion, may make available through the Services. You hereby grant Skelehealth an irrevocable, nonexclusive, transferable royalty-free worldwide right and license to use, distribute, translate, create derivative works from, and store (and you hereby waive all moral rights you may have with respect to) the Member Content (regardless of the medium, technology, or form in which it is used) on or in connection with the Services, including without limitation in connection with the operation, advertising and promotion of the Services. For example, and without in any way limiting the generality of the foregoing sentence, Skelehealth may use the Member Content to promote the Services as part of a book, screen option, demonstration or brochure.

By Submitting Member Content To Us, You Subject To The Privacy Policy:

  • Acknowledge and agree that you are solely responsible for the form, content and accuracy of such Member Content;
  • Represent and warrant that (i) Skelehealth’s use of such Member Content does not and will not breach any agreement, violate any law, or infringe any third party’s rights (including without limitation any third party’s intellectual property rights), and (ii) such Member Content is true and accurate in all respects;
  • Agree that Skelehealth is free to use, in any manner, all or part of such Member Content on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
  • Grant Skelehealth all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Member Content, in whole or in part, or as a derivative work, without any duty by Skelehealth to anyone whatsoever.

Member Interaction Disputes:

You are solely responsible for your interactions with other Members including, but not limited to, Members and Third-Party Providers. In the event that you have a dispute with one or more users, Members and/or Third-Party Providers, you hereby release Skelehealth, including, but not limited to, its officers, directors, members, shareholders, agents, affiliates, subsidiaries and employees, from any and all claims, demands and damages of every kind and nature (including without limitation actual, indirect, special, consequential, incidental and punitive), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Skelehealth reserves the right, but has no obligation, to monitor disputes between you and other users, Members and/or Third-Party Providers. 

Member Content Terms Of Use And Restrictions: 

You agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the Services. In connection with your use of the Services, you agree not to:

  • Display website links, buttons, banner ads, co-registration paths, copy or processes for generating actions in any Member Content;
  • Display any telephone numbers, street addresses, URLs, e-mail addresses or any other confidential information of any third party;
  • Display any audio files, text, photographs, videos or other images containing confidential information as defined by applicable law;
  • Impersonate any person or entity;
  • “Stalk” or otherwise harass any person;
  • Advertise third-party products and/or services and/or engage in any unauthorized advertising or commercial solicitation of or on behalf of third parties;
  • Transmit any chain letters, spam or junk e-mail;
  • Express or imply that any statements that you make are endorsed by Skelehealth, without our specific prior written consent;
  • Post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other intellectual property or proprietary information without obtaining the prior consent of the applicable owner of such proprietary rights;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Services;
  • Post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
  • Post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet.

Engaging in any of the aforementioned prohibited practices shall be deemed a material breach of the Agreement and may result in the immediate termination of your Services without notice, in the sole discretion of Skelehealth. Skelehealth reserves the right to pursue any and all legal remedies against Members (including you) that engage in the aforementioned prohibited conduct.

USE OF THE SERVICES

As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Services in accordance with the Agreement. Skelehealth may terminate the Agreement and/or the license granted in the foregoing sentence at any time for any reason. Unless otherwise expressly authorized by Skelehealth, you may only use the Services for your own personal use. You may not reproduce in any form or incorporate into any information retrieval system, whether electronic or mechanical, any part of the Services. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services or any portion thereof. You may not create any “derivative works” or otherwise alter any aspect of the Services. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content, Member Content, and/or other information from the Services. You may not exploit any aspect of the Services for any commercial purposes not expressly permitted by Skelehealth in writing. You further agree to indemnify and hold harmless Skelehealth for your failure to comply with this section. Skelehealth reserves all rights not explicitly granted in the Agreement. 

PROPRIETARY RIGHTS

All Content and other material posted or made available by and through the Services including, but not limited to, the design, selection, arrangement and coordination of such Services, is owned by, or licensed to, Skelehealth and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Skelehealth’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks, trademarks or any other intellectual property rights with respect to any of the Services, any portion thereof, and/or any document, software, services or other materials viewed at or through the same. The posting of information or material by or through the Services by Skelehealth, any Member, or any Third-Party Provider does not constitute a waiver of any right in or to such information and materials. The “Skelehealth” name and logo are trademarks of Skelehealth. All custom graphics, icons and service names are trademarks and/or copyrights of Skelehealth, whether or not registered, recorded or published. All other trademarks are the property of their respective owners. The use of any Skelehealth trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other intellectual property or proprietary rights without Skelehealth’s express written consent is strictly prohibited.

INDEMNIFICATION

You agree to indemnify and hold Skelehelath, its parents, affiliates and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, due to or arising out of your use of Services, your breach of the Agreement, or your Member Content, including without limitation any third-party claims of intellectual property infringement (collectively, “Your Indemnification Obligations”).

The provisions of this section are for the benefit of Skelehealth, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

DISCLAIMER OF WARRANTIES

The services and/or any other skelehealth products and/or services are provided to you on an “as is” and “as available” basis. any and all warranties, express and/or implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, Skelehealth makes no warranty that the services and/or any other Skelehealth products and/or services:

  • Will meet your needs; 
  • Will be uninterrupted, timely, or completely secure or error-free or that defects will be corrected;
  • Will have security methods employed that will be sufficient against interference with your enjoyment of the same, or against infringement; and/or
  • Will result in any specific outcomes, health, or other benefit or related outcome except as described in the services or product.

The services and/or any other skelehealth products and/or services may contain known bugs, errors, problems or other limitations.

Skelehealth will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from Skelehealth any members, third-party providers or otherwise through or from the services and/or any other Skelehealth products and/or services shall create any warranty not expressly stated in the agreement.

LIMITATION OF LIABILITY

You expressly understand and agree that Skelehealth shall not be liable to you or any third-party for any direct, indirect, incidental, special, consequential and/or exemplary or punitive damages including, but not limited to, damages for pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, or damages for loss of profits, goodwill, loss of data or other intangible losses (even if Skelehealth has been advised of the possibility of such damages). To the fullest extent permissible by law, Skelehealth also shall not be liable to you or any third-party for:

  • The use or the inability to use the Services and/or any other Skelehealth products and/or services;
  • The cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other Skelehealth products and/or services purchased or obtained from or through the Services;
  • The failure to realize any specific outcomes, health, or other benefit; and
  • Any other matter relating to the Services and/or any other Skelehealth products and/or services.

This limitation applies to all causes of action, in the aggregate including, but not limited to, securities law violations, breach of contract, breach of warranty, intellectual property infringement, negligence, strict liability, medical and other malpractice, misrepresentation and any and all other torts. you hereby release Skelehealth from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of Skelehealth to you under any and all circumstances will be five hundred dollars ($500.00). No action, regardless of form, arising out of your use of the Services and/or any other Skelehealth products and/or services may be brought by you or Skelehealth more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Skelehealth. Access to the services and/or any other Skelehealth products and/or services would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Skelehealth liability shall be limited to the maximum extent permitted by law.

THIRD-PARTY WEBSITES

The Services contain links to other websites on the Internet that are owned and operated by third parties, including Third-Party Providers. In some instances, these websites may be co-branded, and/or the third parties are entitled to use Skelehealth’s name and logo on their third-party websites. Skelehealth does not control the information, products or services available on these third-party websites. The inclusion of co-branding and/or links does not imply endorsement by Skelehealth of the applicable website or the website’s operators. Because Skelehealth has no control over such websites and resources, you agree that Skelehealth is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers and Third-Party Providers featured on the Site or in connection with the Services, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third-Party Provider, advertiser or other third-party, as applicable. You further agree that Skelehealth shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

COPYRIGHT POLICY/DMCA COMPLIANCE

Skelehealth reserves the right to terminate the Services of any Member who repeatedly infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the Services in a way that constitutes copyright infringement, you should provide Skelehealth with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
  • An identification and location on the Services (or otherwise) of the copyrighted work that you claim has been infringed upon;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;
  • Your name and contact information, such as telephone number or email address; and
  • A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Skelehealth’s contact information for notice of claims of copyright infringement is as follows:

Attn: Copyright Agent

Email: privacy@skelehealth(dot)com

Skelehealth LLC

9800A McKnight Rd Pittsburgh PA 15237

DISPUTE RESOLUTION PROVISIONS

The Agreement shall be treated as though it were executed and performed in Pittsburgh, Pennsylvania, and shall be governed by and construed in accordance with the laws of the State of Pennsylvania (without regard to conflict of law principles). 

Except for claims arising under (i) Your Indemnification Obligations, and (ii) the Privacy Policy, any claim under the Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The prevailing party in any dispute arising under the Agreement will be entitled to recover all costs, including without limitation all attorneys’ fees, incurred by such prevailing party in connection with such dispute.

MISCELLANEOUS

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through execution or operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Skelehealth may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.

NOTICE FOR RESIDENTS OF CALIFORNIA IN THE UNITED STATES

Under California civil code section 1789.3, California users are entitled to the following consumer rights notice: if you have a question or complaint regarding our products or services, please contact us as set forth below or by emailing us at privacy@skelehealth(dot)com. California residents may reach the California department of consumer affairs, consumer information center by mail at 1625 North Market BLVD., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. This section does not apply to you if you are not a resident of the state of California in the United States.

CONTACT US

We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, Skelehealth Services or the practices of Skelehealth, please feel free to contact us at privacy@skelehealth(dot)com.