Terms of Use

Welcome to the website of Keep.Health (“Keep Health”). The following terms and conditions, together with any documents they incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of Keep Health’s website at www.Keep Health.com (the “Services”).

Please read the Terms of Use carefully before you start to use the Services. BY ACCESSING, BROWSING OR USING THE SERVICES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

The Services are offered and available to users who are 13 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.

PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF KEEP HEALTH AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF KEEP HEALTH’S RESPONSIBILITY.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

The Contents of the Keep Health Services, such as text, graphics, images, information obtained from Keep Health’s licensors, and other material contained of the Keep Health Services (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. Keep Health does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by Keep Health, Keep Health employees, others appearing on the Services at the invitation of Keep Health, or other visitors to the Services is solely at your own risk. The Services may contain health-or-medical- related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

Unless otherwise noted, all Contents on the Services, whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Keep Health, and/or its parents, subsidiaries and affiliates or other parties that have licensed to or otherwise permitted their material to be used by Keep Health. The Services as a whole and their Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Services and its Contents are owned by Keep Health or used with permission. Keep Health.com, Keep Health, the Keep Health logos, and all other trademarks appearing on the Services are trademarks of Keep Health or are licensed or used with permission of the owner by Keep Health. You agree not to display or use such trademarks without Keep Health’s prior written permission. Keep Health disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Services, and the Services as a whole, are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms of Use. You may share content from the Site with the use of the social media links (i.e. “Share:” “Pin It” and “Tweet”) provided on our Services.  You may also share content from the Services via email through the use of our “Share” link. You may download or copy the Contents and other downloadable materials displayed on the Services for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Services, or any related software without the prior written consent of Keep Health or the owner of such material. Nothing contained on the Services grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Services without the prior written consent of Keep Health or the owner of such material. All rights not expressly granted herein by Keep Health to you are reserved by Keep Health and/or its licensors. Third-party trade names, product names and logos, contained in these Websites may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Services is made available solely for general information purposes. We may update the content on this Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:

1. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
5. Sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services;
6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
7. Hijacking all or any part of the Services content, deleting or changing any Services content, deploying pop-up messages or advertising, running or displaying this Services or any Services content in frames or through similar means on another website, or linking to the Services or any page within the Services, without our specific written permission.

You agree to use the Services only for lawful purposes and only for your own personal, non-commercial use. You may not use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS MAY NOT APPLY TO YOU.

The use of the Keep Health Services and the Content is at your own risk. When using the Keep Health Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Keep Health and its suppliers. Accordingly, Keep Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Keep Health Services.

The Keep Health Services and the Content are provided on an “as is” basis. KEEP HEALTH, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Keep Health, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Keep Health Services or Keep Health.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Keep Health Services.

To the fullest extent permitted by applicable law, in no event shall Keep Health, its licensors, its suppliers, or any third parties mentioned on the Keep Health Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Keep Health Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Keep Health is advised of the possibility of such damages.

Keep Health is not liable for any personal injury, including death, caused by your use or misuse of the Services, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Services, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Keep Health may select certain sites as priority responses to search terms you enter and Keep Health may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Keep Health does not recommend and does not endorse the content on any third -party websites. Keep Health is not responsible for the content of linked third-party sites, sites framed within the Keep Health Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. Keep Health does not endorse any product advertised on the Keep Health Services.

You agree to defend, indemnify, and hold Keep Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Keep Health is based in Cambridge MA, in the United States of America. Keep Health makes no claims that Keep Health Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Keep Health Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Location; Survival, Liability of Keep Health and its Licensors, User Submissions, Indemnity, Jurisdiction, No Waiver, and Complete Agreement.

You expressly agree that exclusive jurisdiction for any dispute with Keep Health, or in any way relating to your use of the Keep Health Services, resides in the courts of the State of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Massachusetts in connection with any such dispute including any claim involving Keep Health or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Keep Health on or by the Services or otherwise disclosed, submitted or offered in connection with your use of the Services (collectively, “Comments”) shall be and remain Keep Health’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Keep Health of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Keep Health is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Services will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Services will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Without limiting the generality of the foregoing, Keep Health shall have the right to:

• Remove or refuse to post any Comments for any or no reason in our sole discretion.
• Take any action with respect to any Comments that we deem necessary or appropriate in our sole discretion, including if we believe that such Comment violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Keep Health.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

This policy is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.

Keep Health will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Keep Health’s copyright agent the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the material that you claim is infringing is located on the Services
• Your address, telephone number, and e-mail address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for these Websites:

Keep Health

64 Walker Street

Cambridge, MA 02138

Attn: DMCA Copyright Agent

VIA EMAIL: copyright@Keep.Health

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Please send any concerns regarding our products or services to concerns@Keep.Health.

Except as expressly provided in a particular “legal notice” on the Keep Health Services, these Terms of Use and the Keep Health Privacy Policy and Agreement constitute the entire agreement between you and Keep Health with respect to the use of the Keep Health Services, and Content.

Keep Health, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Services. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

This Agreement is effective unless and until terminated by either you or Keep Health. You may terminate this Agreement at any time by discontinuing use of the Services (subject to the surviving terms set forth herein). Keep Health also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services, if in Keep Health’s sole discretion you fail to comply with any term or provision of this Agreement.

Keep Health’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Keep Health’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Keep Health to exercise or take advantage of any right or remedy that Keep Health has or may have hereunder, operate as a waiver of any right or remedy.

Thank you for your cooperation. We hope you find the Keep Health site helpful and convenient to use! Questions or comments regarding these Websites, including any reports of non-functioning links, should be directed by electronic mail to info@Keep Health.com or via U.S. mail to Keep Health at 64 Walker Street, Cambridge, MA 02138

Copyright (c) 2024 Sebesta Enterprises, DBA Keep Health. All Rights Reserved.