|Press Room - Interviews - Personal Appearances|
MYBESTHEALTHPORTAL IS MAKING HEADLINES
Welcome to the MyBestHealthPortal Press Room. You can read our latest news, learn about the company and hopefully find all the information you need to make your job easier.
If you are a member of the press or an analyst, you can get additional information or be added to our press mailing list by contacting us directly.
MYBESTHEALTHPORTAL IN THE NEWS
Want to license MyBestHealthPortal Content?
You can obtain MyBestHealthPortal articles to use in print magazines, newspapers, or periodicals. You can even license content to use on your web site. With very few exceptions, all of the content on MyBestHealthPortal is available for your publication.
Why should you license content from MyBestHealthPortal?
No matter what your specific areas of interest, MyBestHealthPortal.com has the content to meet your needs. With 6 diverse content sections and over 100 subsections, we offer a complete package of information.
Can MyBestHealthPortal customize content?
Yes. This is our specialty. With our solid core of writers, we can take your subject specifications and deliver a feature in no time. Our staff can also tailor an accessible article from the MyBestHealthPortal archive to suit your demographic and content needs.
Can MyBestHealthPortal create customized newsletters?
Yes. Our staff can provide customized newsletters to fit your target audience and content needs.
Who has featured content from MyBestHealthPortal?
You can obtain MyBestHealthPortal articles to use in print magazines, newspapers, or periodicals. You can even license content to use on your web site. With very few exceptions, all of the content on MyBestHealthPortal is available for your publication.
Is there an expiration for article licenses?
Agreements for online publications that archive content are good for one-year, after which MyBestHealthPortal charges a small renewal fee per article.
Is any content from MyBestHealthPortal available for free?
News briefs on our home page are available for free. In order to reprint other content, you must license the articles in question.The rates below include full reprint rights for both hard copy and online publications, with necessary attribution and credit to MyBestHealthPortal.
Effective as of February 1, 2008
This Policy applies to all web sites and services owned or provided by MyBestHealthPortal, including its subsidiaries (collectively "MyBestHealthPortal Sites"). MyBestHealthPortal Sites include, but are not limited to, MyBestHealthPortal.com, LeanMuscleSite.com, Musclemagfitness.com, and Jeffbehar.com. as well as other MyBestHealthPortal-branded services. New sites, domain names, or services that we add to theMyBestHealthPortal Sites will be subject to this Policy.
The MyBestHealthPortal Sites are general audience web sites, and MyBestHealthPortal does not knowingly collect PII from children under 13 years of age.
From time to time we may revise this Policy to reflect industry initiatives or changes in the law, our information collection and use practices, the features of the MyBestHealthPortal Sites, or technology. If we make revisions that change the way we collect or use your PII, those changes will be posted in this Policy and the effective date will be noted at the beginning of this Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we materially change our practices regarding use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.
COLLECTION: Collection of PII by MyBestHealthPortal
General.MyBestHealthPortal collects PII in order to create or enhance our relationship with you. When we collect PII from you it is because you are voluntarily submitting the information to us in order to participate in certain activities including (i) registration for certain online services and tools such as downloads, message boards, chat rooms or other community services; (ii) registration for special communications, such as email updates and newsletters; (iii) subscription registration; (iv) purchase products or services from or through the MyBestHealthPortal Sites; (v) user surveys; (vi) events, sweepstakes, contests or promotions; and (vii) registration for online multi- or single-player gaming. We may obtain PII from third parties that we consider to be reputable. We also may receive on the MyBestHealthPortal Sites user-generated content or information of any type or medium, which may include PII, including but not limited to: audio conversations; text chat and video images from chat rooms; user reviews; and game guide submissions.
Please keep in mind that whenever you voluntarily disclose personal information in public areas of an MyBestHealthPortal Site, such as the member home pages and message boards, your information can be viewed and possibly used by others. We advise users to be especially careful in such public areas about disclosing PII, such as full name, home address, or phone number.
Web beacons. The MyBestHealthPortal Sites may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that may be used to assist in delivering or accessing cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may include Web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.
We may also employ Web beacons from third parties in order to help us compile aggregated statistics and determine the effectiveness of our promotional campaigns. We prohibit Web beacons on our sites from being used by third parties to collect or access your personal information.
Finally, we may work with other companies that advertise on the MyBestHealthPortal Sites to place Web beacons on their sites in order to allow us to develop statistics on how often clicking on an advertisement on an MyBestHealthPortal site results in a purchase or other action on the advertiser's site.
NOTICE: MyBestHealthPortal Will Provide You with Notice About its PII Collection Practices
When you voluntarily provide PII in response to our request or we authorize a third party to collect PII from you on the MyBestHealthPortal Sites, we will inform you about who is collecting the information, how and why the information is being collected, and the types of uses MyBestHealthPortal will make of the information At the time you provide your PII, MyBestHealthPortal will notify you of your options regarding our use of your PII (See "Choice" below). This Policy describes the types of other companies that may want to send you information about their products and services and with whom we may want to share your personal information, as provided in this Policy (See "Use" below).
Sometimes we collect PII from consumers in manual format or off-line, such as a post card or subscription form. Providing detailed notice in those situations often proves impractical, so consumers will instead be provided with a short notice that describes how to obtain the full text of this Policy and other relevant information from us.
The MyBestHealthPortal Sites may also be linked to sites operated by companies affiliated with MyBestHealthPortal (i.e., that are part of the News America Group). Although all News America Group entities adhere to the group's Privacy Principles http://www.newscorp.com/privacy.html, visitors to those affiliated sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Policy.
Some of the advertisements that appear on the MyBestHealthPortal Sites are delivered to you by national Internet advertising companies such as those listed below. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to the MyBestHealthPortal Sites, including information about the ads they display, via a cookie placed on your computer that reads (or approximates) your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please visit:
CHOICE: MyBestHealthPortal Will Provide You with Choices About the Use of Your PII
MyBestHealthPortal will not use your PII for purposes different from those about which you have been notified, or share your PII with third parties that are not affiliated with MyBestHealthPortal, unless you have asked to receive certain information and/or services from third parties or participate in certain third-party programs (such as beta or demos) and have been notified that the fulfillment of such a request requires the sharing of your PII or you have consented to such sharing.
USE: MyBestHealthPortal's Use of PII
MyBestHealthPortal will use your PII in a manner that is consistent with this Policy. If MyBestHealthPortal obtains PII from a third party, such as a business partner, our use of that information is governed by this Policy. MyBestHealthPortal may use PII in aggregate, anonymous form for research purposes.
MyBestHealthPortal may share your PII with companies that are affiliated with us, that is, are part of the News America Group of companies. Provided you have given us consent, MyBestHealthPortal may also share your PII with advertisers and business partners that are not affiliated with MyBestHealthPortal, but would like to send you information about their products and services, such as sponsors of promotions or sweepstakes that appear on the MyBestHealthPortal sites. We will never share your credit card information with third parties except those MyBestHealthPortal uses to perform tasks (such as order fulfillment and payment processing) required to complete purchases you make through web sites.
MyBestHealthPortal employees, agents, and contractors are required to have a legitimate business reason to obtain access to your PII. MyBestHealthPortal may share your PII with outside contractors or agents who help us manage our information activities (i.e., sweepstakes administration, order fulfillment, statistical analyses), but they must have agreed only to use your PII to provide MyBestHealthPortal with a specific service and not for any other purpose.
MyBestHealthPortal may also enter into agreements with outside companies that possess the technology that allows MyBestHealthPortal to customize the advertising and marketing messages you receive on the MyBestHealthPortal Sites. Your non-PII and click stream data about your activities on our sites may be shared with these companies so this customization can be accomplished. These companies have agreed not to share your information with any third party or use it for any other purpose. Anonymous click stream and demographic information may also be shared with MyBestHealthPortal's advertisers and business partners.
MyBestHealthPortal automatically updates software used in conjunction with certain of the services available on the MyBestHealthPortal Sites. In order to accomplish this, MyBestHealthPortal collects information about a user's current version of the software from the user's computer. This information is not archived but is only used to determine which software requires updating.
MyBestHealthPortal may record audio conversations or copy text chat or video images from chat rooms on the MyBestHealthPortal Sites and may use and therefore disclose such material for use in connection with promoting the MyBestHealthPortal Sites. In addition, MyBestHealthPortal may collect other user-generated content such as user reviews and game guide submissions to post on our community hub site. Further information regarding user-generated content is available in the MyBestHealthPortal User Agreement located at http://corp.MyBestHealthPortal.com/user-agreement.html.
There may be instances when MyBestHealthPortal may disclose PII without providing you with a choice in order to protect the legal rights of MyBestHealthPortal, other companies within the News America Group or their employees, agents, and contractors; to protect the safety and security of visitors to our web sites; to investigate, prevent or protect against suspected fraud, illegal activity, violations of our user agreement or for risk management purposes; or to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. In addition, if MyBestHealthPortal sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, MyBestHealthPortal may transfer your PII to a third party as part of that transaction.
SECURITY: MyBestHealthPortal Protects the Security of PII
MyBestHealthPortal uses reasonable administrative, technical, personnel, and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure, or modification. Passwords and other sensitive information stored by MyBestHealthPortal are encrypted in transit.
Notwithstanding these security measures, please be aware that when you submit PII to the MyBestHealthPortal Sites over the Internet, the information may travel over many systems that are not under the MyBestHealthPortal's control and may not be secure.
If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. Anyone who has access to your password will have access to your PII, as well as to any credit card information that you have submitted. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.
ACCESS: How to Access, Correct, or Delete Your Preferences Regarding Your PII
To access, correct or update your account or other Personal Information such as your city or interests, please use the "My Account" link on the MyBestHealthPortal Site on which you are registered.
If you want to update your email address or stop receiving these types of promotional emails, please follow the procedures to unsubscribe at the bottom of any email we send you. You may unsubscribe from any Premium service for which you have previously elected by following the instructions included in the MyBestHealthPortal User Agreement http://corp.MyBestHealthPortal.com/user-agreement.html.
REMEDIES AND COMPLIANCE: How to Contact MyBestHealthPortal About Privacy Concerns
If you have any other questions, comments or complaints about this Policy, please contact us via our online form.
*Be sure to include the specific MyBestHealthPortal Site to which you are a member and about which you have a question.
Updated November 1, 2008
ARTICLE I: User Terms
1. General Terms of Service and Guidelines; Acceptance
MyBestHealthPortal.com (MyBestHealthPortal) welcomes you. These Terms of Service ("TOS") apply to web sites and interactive services owned or operated by MyBestHealthPortal and its subsidiaries which include, but are not limited to, MyBestHealthPortal.com, MyBestHealthPortal.com and Jeffbehar.com (individually the "Service"; together the "Services"). The TOS applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). Certain additional terms apply to paying subscribers which are set forth in Article II below. By visiting or using the Services you are agreeing to abide by the TOS.
MyBestHealthPortal may change the TOS at any time and the changes will become effective 15 days after posting the revised TOS (the "Effective Date"). You can review the most current version of the TOS at any time at http://corp.MyBestHealthPortal.com/user-agreement.html. You are responsible for checking periodically for changes and your continued use of the MyBestHealthPortal Services after the Effective Date indicates your acceptance of the new TOS.
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the TOS. MyBestHealthPortal may also offer certain Services (e.g. Direct2Drive.com) that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.
2. General Rules
For the benefit of the entire MyBestHealthPortal community, and to comply with applicable laws, we have certain general rules, which MyBestHealthPortal will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by MyBestHealthPortal, you should carefully read and follow them.
A. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
B. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify MyBestHealthPortal immediately and promptly change your password. Please visit the Support Center (http://support.MyBestHealthPortal.com) for instructions on how to change your password or to contact MyBestHealthPortal.
C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
D. Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by MyBestHealthPortal and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of MyBestHealthPortal.
E. Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any MyBestHealthPortal account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
F. Our Communities
1) Community Conduct. By using and/or registering for the community boards, user pages, Blogs (the "MyBestHealthPortal Blogs"), forums or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:
If you choose to use language, such as a user name or game name that, in MyBestHealthPortal’s sole discretion, is obscene, indecent, offensive, or abusive or that might otherwise be objectionable or inappropriate, we reserve the right without prior notice to you to delete or change the offending language including your user name or game name.
2) User Tools. MyBestHealthPortal and its affiliates reserve the right to terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.
3) Monitoring. MyBestHealthPortal and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, MyBestHealthPortal and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in MyBestHealthPortal 's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4) Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. MyBestHealthPortal is not responsible for its theft, copying or placement of that User Content on other media or networks. MyBestHealthPortal and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, MyBestHealthPortal and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of MyBestHealthPortal or any of its affiliates, and their views do not necessarily reflect those of MyBestHealthPortal and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant MyBestHealthPortal certain rights as described in Section 4A below.
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and MyBestHealthPortal will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
3. MyBestHealthPortal Services
A. Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties, which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither MyBestHealthPortal nor our third-party service providers assume responsibility for the timeliness, deletion, misdelivery or failure to store any data, communications or personalization settings. Please refer to Section 6 below for full details.
C. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. Some Services are presently provided free of charge and others require payment. MyBestHealthPortal reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that MyBestHealthPortal will not be liable to you or any third party for any modification or discontinuance of the Services.
D. Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through MyBestHealthPortal’s third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. MyBestHealthPortal does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. MyBestHealthPortal does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
E. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal user information; board posts; reader reviews; Blogs, data, notes and testimonials; forum content; poll votes; images; audio or video files; and software. You may Post only User Content, which you own, have created or which you have clear permission to Post. You acknowledge and agree that MyBestHealthPortal does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that MyBestHealthPortal does not pre-screen User Content, and has no obligation to do so, but that MyBestHealthPortal and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
4. Rights You Grant to MyBestHealthPortal.
A. User Content. By submitting any User Content through or to the Services, including on any User Tools or User Pages, but excluding any User Content you submit on MyBestHealthPortal Blogs, you hereby irrevocably grant to MyBestHealthPortal, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit a game FAQ, text guide, walkthrough or image, MyBestHealthPortal may modify the format and display of such User Content, but not the content. MyBestHealthPortal will take reasonable precautions to help you to keep your email and voicemail messages private. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you post for inclusion on publicly accessible areas of MyBestHealthPortal Blogs, Forums and Article submissions you grant MyBestHealthPortal the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to MyBestHealthPortal and its affiliates is provided without any the entitlement of payment of fees or consideration.
B. Account Access. In order to ensure that MyBestHealthPortal is able to provide high-quality services that are responsive to Users' needs, you agree that MyBestHealthPortal representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
5. Children and Mature Content
The Services are not directed to children under the age of 13. MyBestHealthPortal will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Services, please contact us via our online form available at http://mybesthealthportal.com/contact.html
6. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyBestHealthPortal, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "MyBestHealthPortal PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE MyBestHealthPortal PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY MyBestHealthPortal PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE MyBestHealthPortal PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the TOS, then this Disclaimer of Warranties will override it.
7. LIMITATION OF LIABILITY.
YOU AGREE THAT THE MyBestHealthPortal PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MyBestHealthPortal PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY MyBestHealthPortal PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE MyBestHealthPortal PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST MyBestHealthPortal, OR (II) US$100.00.
You agree to protect and fully compensate the MyBestHealthPortal Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the TOS by you or any other user of your account (whether or not authorized).
9. COPYRIGHT INFRINGEMENT.
If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide MyBestHealthPortal’sCopyright Agent the following information:
MyBestHealthPortal’sDesignated Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email:
MyBestHealthPortal may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided MyBestHealthPortal with your accurate email address.
Direct questions or notices to MyBestHealthPortal as follows:
ARTICLE II. Subscription Terms of Service
Certain Services provided by MyBestHealthPortal require registration and payment (such Services are referred to as the "Premium Services"). The terms and conditions contained in this Article II (the "Subscriber TOS") apply to each subscriber to a Premium Service, including but not limited to Gold Newsletter, Personal Training Services/Consultation and MyBestHealthPortal Dating. THE SUBSCRIBER TOS IS IN ADDITION TO THE TERMS AND CONDITIONS SET FORTH IN THE TOS, AND THE TOS IN ITS ENTIRETY APPLIES TO EACH SUBSCRIBER. PLEASE READ THE TOS, INCLUDING THE SUBSCRIBER TOS, CAREFULLY PRIOR TO COMPLETING YOUR REGISTRATION FOR A PREMIUM SERVICE. BY REGISTERING FOR THE PREMIUM SERVICE, YOU ARE CONSENTING TO AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SUBSCRIBER TOS AS WELL AS ALL OTHER PROVISIONS OF THE TOS. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THE TOS (INCLUDING THE SUBSCRIBER TOS), YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
For questions about your MyBestHealthPortal subscription, please visit our FAQ at http://mybesthealthportal.com/subscriptions.html
All questions that cannot be answered via the FAQ should be sent using our online form, available at http://mybesthealthportal.com/contact.html. Please include your name and username in all correspondence.
1. Payment Obligation and Credit Card Authorization. You are responsible for paying any and all charges relating to your Premium Service account, including without limitation, periodic subscription fees (the initial fee and automatic renewals). You grant MyBestHealthPortal permission to charge your credit card (or other approved facility) to pay for all such charges. The subscription fee will be billed at the beginning of your subscription and on each annual, quarterly or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below.
2. Renewal and Cancellation of Your Subscription. You grant MyBestHealthPortal permission to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may "opt out" of this automatic renewal by visiting The Support Center (http://support.MyBestHealthPortal.com) and canceling on your own or by using our online form to notify MyBestHealthPortal. MyBestHealthPortal will cancel your account upon receipt of such notification from you. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable, except in cases of demonstrated fraud, which will be determined at MyBestHealthPortal’ssole discretion. You acknowledge that canceling your subscription will not immediately terminate access to the Premium Services. Your subscription will remain open until the paid period expires. You acknowledge and agree that the authorization to charge your credit card or other payment mechanism for the Premium Services shall automatically transfer to any successors or assignees of the Premium Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to subscribe for Premium Services.
Payment must be made by a major credit card accepted by MyBestHealthPortal, check, PayPal, or money order (U.S. dollars only). If MyBestHealthPortal does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Premium Service, and you must refer to that agreement and not the TOS to determine your rights and liabilities as a cardholder. YOU, AND NOT MyBestHealthPortal, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
There shall be no refunds, except in demonstrated cases of credit card fraud (as determined by MyBestHealthPortal at its sole discretion) or under the terms agreed to when purchasing a product or service as agreed to during the payment process. You understand and agree that as a result of processing a refund MyBestHealthPortal incurs certain administrative costs, and that the fees below are a fair and accurate assessment of those costs. Should a refund be permitted, all refunds (except those due to demonstrated instances of credit card fraud) are subject to a "restocking" fee (which also applies to digital products), currently as follows:
* Subscriptions: $5 per charge refunded
* Digital Retail: 10% of the purchase price
3. Termination of Your Subscription. You acknowledge that MyBestHealthPortal, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Premium Service for a variety of reasons, including, without limitation, if MyBestHealthPortal believes that you have violated or acted inconsistently with the letter or spirit of the TOS or any other agreement referred to in the TOS. MyBestHealthPortal may also, in its sole discretion, at any time discontinue providing the Premium Service, or any part thereof, with or without notice. You agree that any termination of your access to the Premium Service under any provision of the TOS may be effected without prior notice, and acknowledge and agree that MyBestHealthPortal may immediately deactivate or delete your account and/or bar any further access to the Premium Service. If your account is terminated by MyBestHealthPortal, it will not be automatically renewed and access will be terminated, without refund. Further, you agree that MyBestHealthPortal shall not be liable to you or any third-party for termination of your access to the Premium Service. YOU AGREE AND ACKNOWLEDGE THAT MyBestHealthPortal SHALL NOT REPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT OVERSIGHTS PAST THE 60th DAY OF SUCH OCCURANCE OR LACK THEREOF.
4. Trial Memberships. MyBestHealthPortal occasionally offers promotional trial memberships to its Premium Services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Premium Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Premium Service at the standard Premium Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. For information about canceling your subscription, please visit our FAQ at http://mybesthealthportal.com/subscriptions.html
5. Subscriber Information. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Premium Service registration process. You must promptly inform MyBestHealthPortal of any of the following: changes in the expiration date of any credit card used in connection with the Premium Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. You agree to notify MyBestHealthPortal immediately upon learning of any potential breach of your Premium Service account.
6. Use Restriction. The material on the Services is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. MyBestHealthPortal spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information, content or materials from the Services, without express written permission from MyBestHealthPortal. You agree that if you do so, MyBestHealthPortal reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
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