Last revised on: January 1, 2021
Healevate LLC ( “HEALEVATE”) operates HealthDish.com, and use of our Site and Services is subject to these Terms of Service (“Terms of Service”). By using the Site and Services, you are deemed to accept and be bound by these Terms of Service, INCLUDING A MANDATORY ARBITRATION OF DISPUTES CLAUSE AND CLASS ACTION WAIVER CONTAINED IN SECTION 15 BELOW. If you do not accept these Terms of Service, please discontinue using the Site and Services. The Terms of Service applies regardless of the device used to access the Site and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
The Services are offered from the United States of America and, regardless of your place of residence or access location, your use of them is governed by the laws of the State of Florida, USA. HEALEVATE makes no representations that the Site is appropriate for use in other locations or is legal in all jurisdictions. Those who access or use the Site from other locations do so at their own risk and consent to the transfer and processing of their data in the United States of America and any other jurisdiction throughout the world. As a U.S. company, these Terms of Service are provided in English. Translations to certain other languages may be available and can be requested by contacting us at the address below.
These Terms of Service may change from time to time, without any notice other than posting on the relevant page. Your continued use of the Site and Services following our posting of changes constitutes your acceptance of any such changes. Please check this page from time to time for current Terms of Service.
- Your License to Access Content on Site
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of HEALEVATE, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of HEALEVATE or the appropriate affiliate. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these Terms of Service are reserved by HEALEVATE.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
- Age Restriction
The Site and Services are not intended for children under 13 years of age in the US, 16 years of age in the EEA and under the age for consent of collection of personal information in any other jurisdiction, and you may not use the Site or Services or register for additional features, if you are under the required age. You hereby represent and warrant that you have the required age to use the Site and Services.
- Code of Conduct
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
You may not:
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
- Interfere with or disrupt the Site’s functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
- Modify the Site or Services in any manner or form , or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
- Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of HEALEVATE;
- Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
- Access the Site or Services by any means other than through the interface that is provided by HEALEVATE;
- Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
- Collect or store personal data about other users of the Site or Services;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
You may not send automated queries of any sort to the Site, including using any software which sends queries to determine how a website or webpage “ranks” for various queries, “meta-searching”, and performing “offline” searches on the Site.
You agree not to use the Site or Services to:
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
- Harm or threaten to harm anyone in any way;
- “Stalk” or otherwise harass any other person or entity;
- Impersonate any person or entity (including an HEALEVATE agent), or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or any other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Manipulate identifiers in order to disguise the origin of any content or comment you post on or through the Site and Services;
- Post any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission; or
- Facilitate violations of these Terms of Service or the Site’s Privacy Policies
HEALEVATE reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms of Service. Such action may include terminating your license to access the Site or use the Services or initiating civil or criminal legal proceedings.
- Use the Site and Services at Your Own Risk
The Site and Services include links to other sites or resources. Internet transmissions are never completely secure. Because HEALEVATE has no control over such sites and resources, you acknowledge and agree that HEALEVATE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which HEALEVATE has no control and which will govern your rights and obligations with respect to the use of those sites.
To offer use of the Site and Services to its users for free, HEALEVATE allows advertisers to display advertisements on the Site. Your dealings with advertisers and third-party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. HEALEVATE does not make any representations or warranties with respect to any goods, services or sites that appear in advertisements or promotional answers, and you agree that HEALEVATE will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of any linked third-party sites or resources, you do so solely at your own risk. Under no circumstances will HEALEVATE be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third-party website, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, or any linked third party website.
You acknowledge that HEALEVATE is a provider of interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. § 230 and in the e-Commerce Directive 2000/31/EC,and expressly reserves its rights to not be treated as the publisher or speaker of any information accessible via the web search functionality of the Site or through any third party advertisements or additional content discoverability features.
You acknowledge, consent, and agree that HEALEVATE may access, preserve, and disclose your information and/or any content you submit or make available through the Site and/or Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of HEALEVATE, its users, and the public; or (5) to respond to your requests for customer service.
- Modifications to the Services
HEALEVATE reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that HEALEVATE will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
- Termination of Your Access to the Services
We may terminate your use of the Site and/or Services or any other features in our sole discretion due to: (i) your violation of these Terms of Service and/or any Additional Terms or other applicable guidelines; (ii) if we consider, in our sole discretion, that (a) certain comments you have posted are inappropriate and/or do not meet any Additional Terms or other applicable guidelines, (b) your use of the Site or Services or your behavior does not meet our standards or violates any Additional Terms or other applicable guidelines or (c) you have otherwise violated these Terms of Service. You agree that any termination of your access to the Services, the Site or any additional features may be effected without prior notice, and acknowledge and agree that HEALEVATE may immediately delete all related information and/or bar any further access to the Site, the Services or any additional features. Further, you agree that HEALEVATE shall not be liable to you or any third party for the discontinuation or termination of your access to the Site, the Services or any additional features.
BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:
- THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. HEALEVATE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
- YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALEVATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- HEALEVATE MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT, OR ERROR-FREE.
- ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD-PARTY SOFTWARE OR MATERIAL.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT HEALEVATE AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
- THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
- THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
- RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR
- ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT HEALEVATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold HEALEVATE and its affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages, or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content you post, display or otherwise transmit through the Site or the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service, any Additional Terms or other applicable guidelines, or (e) your violation of any rights of another party.
- Copyright and Trademark Protection
We own all right, title and interest in and to the Site, the products and Services offered on the Site as well as our logos, tradenames, and trademarks (“HEALEVATE IP”). The HEALEVATE IP is protected under U.S. and international intellectual property laws (including, without limitation, copyright and trademark). Except as otherwise allowed under these Terms of Service, you agree not to copy, display, or use the HEALEVATE IP in any manner without HEALEVATE’s prior written permission. To seek permission to use any of the HEALEVATE IP, please contact us using the address at the bottom of this page.
- Notice for Claims of Copyright Infringement
HEALEVATE respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. HEALEVATE may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. HEALEVATE also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, HEALEVATE may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on the Site or in connection with the Services in any manner that constitutes copyright infringement, please notify HEALEVATE’s copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on the Site or Services of the material you claim has been infringed (by copying the URL of the relevant page), or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
The best way to submit a copyright infringement notice and takedown request is to contact us at the address at the bottom of this page.
- Applicable Law
These Terms of Service and the relationship between you and HEALEVATE are governed by the laws of the State of Florida without regard to its conflict of law provisions.
- Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS
ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT.
- Except as otherwise provided in this section 15, by using the Site and Services, you agree to submit to binding arbitration in Tampa, Florida. At your written request, HEALEVATE will consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse HEALEVATE for any arbitration filing, administrative, or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in court. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
- Class Action Waiver. Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor HEALEVATE will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
- NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM. YOU AND HEALEVATE ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 15 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, HEALEVATE, OR HEALEVATE INDEMNIFIED PARTIES, BOTH YOU AND HEALEVATE STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
- Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by HEALEVATE to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in San Francisco, for provisional remedies, including temporary restraining orders, preliminary injunctions, and receiverships. You agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these Terms of Service or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association, which can be found here, by one or more arbitrators appointed in accordance with those Rules. Notwithstanding these rules, however, such proceedings shall be governed by the laws of the state litigation or comprehensive litigation, to the extent authorized in this section 15.
- Severability of These Terms of Service
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms of Service shall continue in full force and effect.
- Limitation of Actions Brought against HEALEVATE
You agree that any claim or cause of action arising out of your use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by HEALEVATE to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
- Third-Party Beneficiaries
You agree that, except for HEALEVATE and as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement.
- Section Titles
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
- Contact Information
If you have any questions or concerns with respect to these Terms of Service or Site and Services, please contact us at:
5342 Clark Rd Ste 155
Sarasota FL 34233