HEALTHQUARTERS DURING COVID: INFORMATION ON EXCELSIOR TESTS AND HOW WE’RE MAKING SURE YOU STAY HEALTHY WHEN YOU VISIT

Visitor Terms of Use

HealthQuarters, Inc. (“HealthQuarters,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use our online services (the “Services”, which include, without limitation, making linked Content (as such term is defined below) accessible through the website located at HealthQuarters.com (the “Website.

We provide Visitors (as defined below) with access to the Website and access to the Services subject to the following Visitor Terms of Use (these “Terms”). Visitors and HealthQuarters are individually hereinafter referred to as a “Party” and collectively as the “Parties”. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not wish to be bound by the Agreement, then please do not use the Website and/or the Services. We may change the Agreement from time to time, without providing you with email or other affirmative notice. When we do, the “Last Update” line in the relevant page will be revised. You are responsible for regularly reviewing the Agreement in order to be aware of any such changes. Your continued use of the Website following the posting of changes to the Agreement indicates your acceptance of those changes.

Visitors and Service Providers

Visitors
Visitors (“you”), are any individuals who visit the Website. No login is required for Visitors. Visitors can: (i) view all publicly available information, links, graphics, editorial content and anything displayed (whether in text, images, video, or any other media) (such information, the “Content”) on the Website; (ii) e-mail us; and (iii) access the Services.  

As a Visitor, you acknowledge that we cannot and will not guarantee the identity, quality, or capabilities of a Service Provider (as defined below), or that each Service Provider has obtained all required permits, licenses or consents, or that each Service Provider complies with all applicable laws. We do not endorse any particular Service Provider nor do we guarantee the quality of their products or services. We are not responsible for the activities or policies of these Service Providers, and any links we make to Service Provider sites do not constitute endorsements or any guarantee of quality or fitness to provide services. Your decision to engage with Service Providers is entirely yours, and you assume any and all risks associated therewith. We suggest you use our Services as a starting point for identifying organizations that provide the products and services that you may find useful, then conduct your own research to ensure the Service Providers with whom you choose to do business are appropriate for you.

Providers, non-clinical entities and other third parties offering products, services, or Content related to health and wellness that are referenced on or linked from our Website are referred to as “Service Providers”.  No Service Provider is an agent, designee or affiliate of, HealthQuarters.com.  No Service Provider may make any statement or representation on behalf of HealthQuarters without prior written consent from HealthQuarters.

External Sites
The Website and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any questions or concerns regarding such links, their privacy policies, or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding their use of your information, or the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

No Medical Advice
You acknowledge and agree that HealthQuarters does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that HealthQuarters does not evaluate the need to seek medical attention, through the Website and/or the Services. The Website, the Services and the Content are for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should not use the information on the Website for diagnosing or treating a health problem or disease, or requesting any medication or other treatment. Always seek the advice of your physician or other qualified health provider before taking any medication or nutritional, herbal or homeopathic supplement and 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 on the Website, or as a result of theServices and/or the Content. If you are experiencing a medical emergency, call 911 immediately. Reliance on the Website the Services and the Content is solely at your own risk. Information provided on the Website DOES NOT create a doctor-patient relationship between you and any of the health professionals linked from the Website.

Liability Disclaimer for Editorial Content
The Website may contain Content including, but not limited to, reviews, opinions and information regarding products and services provided by Service Providers. We are not responsible in any way for such Content, products and services, and nothing contained on the Website should be construed as a guarantee of the functionality, utility, safety or reliability of any product or services reviewed or discussed on the Website. Please refer to the terms and conditions of each Service Provider if you choose to use any product or service reviewed or discussed on the Website.

Although we use reasonable efforts to ensure that the Content we prepare is accurate and informative, we cannot guarantee the accuracy or completeness of the Content. HealthQuarters assumes no liability for any Content, including, but not limited to, any errors or omissions in such Content, any loss or damage of any kind incurred as a result of your reliance on such Content or the use of any product or service reviewed or discussed in such Content.

Our Intellectual Property Rights
Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission, which may be sought by contacting HQD_Support@HealthQuarters.com . We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Website, and we make no representations as to the ownership of any trademarks or service marks provided by Service Providers for use on our Website; any questions as to the ownership of such marks should be directed at the relevant Service Provider. Any third-party names, trademarks, and service marks are property of their respective owners.

You are solely responsible for any damages resulting from your infringement of our or any third party's intellectual property rights in the Proprietary Marks, the Content and any other harm incurred by us or our affiliates or any Service Provider linked from the Website as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to this Agreement.

Privacy
Our Privacy Policy, describes how we handle the information you provide to us. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the processing and use by us and our affiliates. To the extent that you interact directly with a Service Provider through our Services, you are subject to any policies or terms of use of such Service Provider, including, without limitation, such Service Provider’s privacy policy in connection with such interactions.  

Limitation of Liability
HEALTHQUARTERS SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR ANY OTHER LIABILITY (EITHER DIRECT OR INDIRECT) ARISING FROM OR RELATING TO (a) THIS AGREEMENT, (b) THE CONTENT ON, OR LINKED FROM, HEALTHQUARTERS.COM, (c) YOUR ACTIONS OR OMISSIONS, (d) THE ACTIONS OR OMISSIONS OF ANY SERVICE PROVIDERS LINKED FROM OUR SITE, OR (e) ANY USE OF NAMES OR LOGOS SHOWN ON OUR SITE, WHICH ARE THE SOLE RESPONSIBILITY OF THE SERVICE PROVIDER MAKING SUCH LOGO AVAILABLE FOR USE OR DISPLAY.

Governing Law; Arbitration.
The Agreement and any claims hereunder shall be construed and governed in all respects according to the internal laws of the State of New York without regard to the conflict of law provisions thereof.  Qualified Service Providers, Service Providers and Visitors hereby waive any right to bring any claim against HealthQuarters in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. Qualified Service Providers, Service Providers and Visitors waive any right they may have to start or participate in, and agree to opt out of, any class action against HealthQuarters arising from or relating to the Agreement between the relevant Parties. Any controversy or claim arising out of or relating to an alleged breach of the Agreement between the relevant Parties shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY and the language of such arbitration shall be English. HealthQuarters may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect HealthQuarters’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power or right to alter, change, amend, modify, add or subtract from any provision of the Agreement between the relevant Parties. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the relevant Parties, and judgment may be entered thereon in any court of competent jurisdiction.

WARRANTY
HEALTHQUARTERS MAKES NO REPRESENTATIONS NOR GRANTS ANY WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS OF THE HEALTHQUARTERS.COM WEBSITE FOR A PARTICULAR PURPOSE.

Contact Information

If you have any questions about this Agreement, please feel free to contact HealthQuarters using one of the following options:

Email: HQD_Support@HealthQuarters.com

Mailing Address: HealthQuarters, 85 5th Avenue, 8th Floor, New York, NY 10003

Effective Date: April 30, 2020
Last Update: April 30, 2020