Qualified Service Provider Terms

HealthQuarters, Inc. (“HealthQuarters,” “we,” “us,” or “our”)  makes available publicly available information, links, graphics, editorial content and anything displayed (whether in text, images, video, or any other media) (such information, the “Content”) through our online services (the “Services”), which include, without limitation, making Content accessible through the website located at HealthQuarters.com (the “Website”).

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”.   Service Providers who have entered into any other agreements with HealthQuarters are further deemed to be “Qualified Service Providers” (“you”, “your”).  No Service Provider or Qualified Service Provider is an agent, designee or affiliate of, HealthQuarters.com.  No Service Provider or Qualified Service Provider may make any statement or representation on behalf of HealthQuarters without prior written consent of HealthQuarters.

The Qualified Service Providers featured on the Website are subject to the following Terms of Use (these “Qualified Service Provider Terms”). A Qualified Service Provider and HealthQuarters are individually hereinafter referred to as a “Party” and collectively as the “Parties”. Through your status as a Qualified Service Provider you acknowledge that you have read, understood, and agree to be legally bound by these Qualified Service Provider Terms, any applicable Visitor Terms of Use (the “Terms”), and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”).  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 on 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.

Qualified Service Providers and Service Providers may reach out to HealthQuarters in the event they no longer wish to be referenced on HealthQuarters.com, or in any other promotional materials related specifically to HealthQuarters.com by contacting HealthQuarters:

HQD_Support@HealthQuarters.com
HealthQuarters Digital Service Support
85 5th Avenue, 8th Floor
New York, NY 10003

Limitation of liability
HEALTHQUARTERS SHALL NOT BE LIABLE TO ANY QUALIFIED SERVICE PROVIDER OR SERVICE PROVIDER LINKED FROM THE WEBSITE FOR ANY CLAIMS, DAMAGES, OR ANY OTHER LIABILITY ARISING FROM OR RELATING TO (a) THE AGREEMENT, (b) THE CONTENT ON OR LINKED FROM THE WEBSITE, (c) ANY ACTIONS OR OMISSIONS OF INDIVIDUALS WHO ARRIVE AT OR USE ANY SERVICE PROVIDER’S OR QUALIFIED SERVICE PROVIDER'S WEBSITE OR BRICK-AND-MORTAR LOCATION(S) AFTER VISITING A LINK ON THE WEBSITE, OR (d) THE USE OF ANY SERVICE PROVIDER'S OR QUALIFIED SERVICE PROVIDER’S NAME AND/OR LOGO.

Indemnification
Qualified Service Provider shall indemnify, defend, and hold HealthQuarters harmless from and against any claims, actions, suits, or proceedings, as well as any and all claims, actions, damages, costs, and expenses arising out of or accruing from (a) a breach of the Agreement by Qualified Service Provider, (b) Qualified Service Provider’s acts, omissions, negligence or willful misconduct, (c) death or bodily injury of any third party, (d) misuse of the Content, the Website, or the Services; (e) your violation of any third-party right, including without limitation any copyright, trademark, intellectual property, or privacy right; and/or (f) any non-compliance by Qualified Service Provider with any agreements or undertakings contained in or made pursuant to the Agreement, and any other agreement by and between HealthQuarters and Qualified Service Provider.

No Guarantee
Qualified Service Provider acknowledges that HealthQuartersis not able to guarantee or otherwise agree to deliver particular results with respect to (a) quality or quantity of Website traffic; or (b) sales of products or Services derived from being featured on HealthQuarters.com. HealthQuartersdoes not vet or register Website users, and provides no guarantee as to any representation made by a Website user, including, without limitation, age, health status, ability to pay, insurance coverage, or fitness to participate in, receive or use any Services or products linked from the Website.

Relationship Between HealthQuarters and Qualified Service Provider
These Terms shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between the Parties; nor will either Party hold itself out as an agent, partner or joint venturer party of the other Party.

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 and Qualified Service Providers. We are not responsible in any way for such Content, products and Services, or the acts or omissions of Visitors who have accessed such Content.  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.

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. We assume 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 Visitors’ 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 Qualified Service Providers or Service Providers for use on our Website. Any third-party names, trademarks, and service marks are property of their respective owners.

You are solely responsible for any liabilities, claims and/or 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 or Qualified 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.

Generally Applicable Terms of Use
The following shall apply to Qualified Service Providers, Service Providers and Visitors.

Compliance With Law
We are not responsible for any non-compliance with the laws and regulations applicable to the business of any Service Provider or Qualified Service Provider appearing on or linked from the Website. .

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