Terms of Use

QUESTVINE GROUP, LLC

TERMS OF USE AGREEMENT 

Effective Date: December 20, 2017

The Healthtide.com website and its associated services and content (collectively “Website”) is owned and operated by Questvine Group, LLC (“Questvine Group”, “our”, “us”, “we”).  Questvine Group has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

QUESTVINE GROUP MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT QUESTVINE GROUP MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

About The Website

Healthtide.com is an informational site that provides Users with information concerning health and wellness.  The site content is for informational purposes only and is not a substitute for professional medical advice or dietary advice.  You should always consult a medical professional for medical or dietary advice as well as whether any fitness or exercise suggestions are appropriate for your own personal state of health.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to Questvine Group and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website.  The Website is operated in the United States and Questvine Group makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

Ownership of Website and License

You acknowledge and agree that Questvine Group LLC is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Questvine Group.

Questvine Group hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from Questvine Group, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Questvine Group.

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners.  Specifically, all Questvine Group marks are the property of Questvine Group, including, but not limited to QUESTVINE GROUP, HEALTHTIDE.COM, and all Questvine Group logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Questvine Group. You are prohibited from using Questvine Group’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Questvine Group.

Website Use

Use of the Website is free.   You can elect to either fill out an Information Form (“Form”) with your name and e-mail to register for our newsletter or other information from us or our affiliates, or you can elect to skip this step before using the site.

When filling out the Form, you are agreeing to receive email notifications, text messages, and/or phone calls from Questvine Group and other third-parties.  The email notifications from Questvine Group contain an unsubscribe feature that allows you to “opt out” from future notifications.  Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you.  User information will be used consistent with the Privacy Policy.  Questvine Group does not endorse you or discriminate based upon any information provided by you or made available through filling out the Form.

You have a duty to ensure that the information provided through the Form is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Form if and when that information changes. You are expressly prohibited from filling out the Form in a way that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use the Form to interfere with or disrupt a third party’s enjoyment and use of the Website.  Questvine Group reserves the right to restrict access to, monitor, suspend, disable, or delete Users and/or Form information at any time, in its sole discretion, and without prior warning.  You agree to hold harmless and indemnify Questvine Group for any damages that arise out of or in relation to the use of the Form and/or Website.

Questvine Group is under no obligation to preserve your Form data for any length of time and will not be responsible for any loss of data.  Questvine Group is under no obligation to provide you with the data associated with your filled-out Form, except as otherwise provided in the Privacy Policy.  Questvine Group recommends that you maintain your own backup of Form information.

You may have your Form information removed from the Website by sending us an email to contact@Healthtide.com. Please include the name and email of the person to be removed and we will do so within seven (7) days.

You understand that all content contained in this website is for informational purposes only.  The Website’s Content is not meant to be a substitute for professional medical advice, diagnosis, or treatment.  Before starting any dietary program, it is always wise to consult with a medical doctor, particularly if you are pregnant, breastfeeding, plan to become pregnant, chronically ill, elderly, under eighteen, or taking prescription drugs.

ALL CONTENT CONTAINED IN THE HEALTHTIDE.COM WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY.  THE WEBSITE’S CONTENT IS NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  ALWAYS CONSULT YOUR PHYSICIAN OR HEALTH CARE PROVIDER PRIOR TO THE USE OF ANY NUTRITIONAL PRODUCT.

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

  • Posting or transmitting content that:
  • Infringes upon the intellectual property rights of others;
  • Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
  • Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
  • Incites any illegal activity or unlawful sexual solicitation;
  • Relates to weaponry, controlled substances, gambling, or debt collection;
  • Raises support or defense of anyone alleged to be involved in criminal activity;
  • Impersonates another or is fraudulent, inaccurate, or misleading;
  • Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
  • Intends to collect personal or personally identifiable information from others;
  • Violates any term or condition of this Agreement;
  • Using a robot, spider, scraper, or other automated technology to access the Website;
  • Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • Attempting to gain access to the private data or personal information of a Website user or third party;
  • Circumventing Questvine Group’ technological and physical security measures;
  • Suggesting an affiliation with or endorsement by Questvine Group.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Questvine Group by sending an email to contact@Healthtide.com.

Mobile Devices
The Website is  or may become fully accessible via a mobile device, including the ability to fill out the Form To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  Questvine Group is not responsible for any fees or errors that occur while accessing the Website via mobile device. 

Section 230 of Communications Decency Act

You acknowledge and agree that Questvine Group is an interactive computer service provider under Section 230 of the Communications Decency Act for all information posted on the site that was created or produced by any third-parties or posted by Users. Though Questvine Group may edit, remove, or control the content displayed through the Website, you agree that Questvine Group will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.  If you believe there is content on the website that is defamatory toward you please let us know and we will review your request.

Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that Questvine Group does not own or control. You agree that Questvine Group will not be held responsible or liable for the content, products or services of third party websites or third-parties, applications, or services and that Questvine Group’ inclusion of those websites, applications, or services within its Website or which you may receive through its affiliates does not constitute Questvine Group’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement

Questvine Group does not endorse or recommend or warrant any commercial product, process, service, or website.  The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Questvine Group and are not intended to be used for advertising or product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation.  Questvine Group may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

QUESTVINE GROUP DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. QUESTVINE GROUP PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

QUESTVINE GROUP WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE, MARKETING OR SERVICES PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. QUESTVINE GROUP IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. QUESTVINE GROUP RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

QUESTVINE GROUP WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability

QUESTVINE GROUP WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT QUESTVINE GROUP CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR MONETARY CONTRIBUTIONS THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO QUESTVINE GROUP, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Questvine Group, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or monetary contributions made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

 

Your obligation to defend Questvine Group under the terms of this Agreement will not provide you with the right to control Questvine Group’ defense, and Questvine Group reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Questvine Group.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Questvine Group may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Delaware without giving effect to any conflicts of laws principles.  The parties submit to and agree to personal jurisdiction in the State of Delaware, with venue proper in Wilmington, Delaware.

YOU AND QUESTVINE GROUP AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM QUESTVINE GROUP, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD WILMINGTON, DELAWARE AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF DELAWARE AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND QUESTVINE GROUP AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF DELAWARE. YOU AND QUESTVINE GROUP AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Questvine Group hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Questvine Group.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Questvine Group will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Questvine Group inadvertently collects such personally identifiable information, Questvine Group will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

QUESTVINE GROUP AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST QUESTVINE GROUP ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Questvine Group.

Notice

Any notice required by this Agreement must be in writing, and must be emailed to: contact@healthtide.com.

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.