HealthCentral

HealthCentral Terms of Use

Last Updated: June 24, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THESE TERMS OF USE, YOU MAY NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.

THE SERVICE DOES NOT PROVIDE MEDICAL, CLINICAL, OR HEALTHCARE ADVICE. CONTENT IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NO PROVIDERPATIENT RELATIONSHIP IS CREATED. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF CONTENT ON THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 15 BELOW. THESE TERMS OF USE ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 29 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS OF USE WITH RESPECT TO THE SERVICES.

1. OVERVIEW.

Unless otherwise expressly stated, these terms of use (these “Terms of Use”) represent a legally binding agreement between HealthCentral, LLC, for itself and on behalf of its parent, subsidiary, and affiliate companies (collectively, “Company”, “we”, “us”, or “our”), and each visitor, user, or customer (each, a “user,” and specifically you, “you” or “your”) of our owned and operated healthcare, wellness, and fitness-related websites, including, without limitation, www.healthcentralcorp.com, www.healthcentral.com, www.thebody.com, www.thebodypro.com, www.obroncology.com, and www.patientpower.info, and of our other affiliated websites, subdomains, mobile versions, applications (including the Drops mobile application and our other mobile applications), and online media under our operation and control (collectively, the “Service”). When you see the word “use” or “using,” we mean any time you or any other visitor or user directly or indirectly, attempts to or actually does access, interact with, display, view, browse, print, copy, transmit, receive, or exchange data, messages, or content or you otherwise communicate with us or anyone else, including, without limitation, another user, advertiser, or any person, company, or other entity you may encounter on or through the Service (to the extent facilitated by the Service’s functionalities), or utilize, benefit, take advantage of, or interact any feature, function, or service or activity, promotion, or other content of, on, or available through the Service (together with the Service, the “Content”), for any purpose.

By accessing and using the Service, you agree and acknowledge that (i) you have read and understand the legal agreement you have with us, including these Terms of Use, the Privacy Policy, and any other applicable policies or terms and conditions that we disclose or notify you of when you use or attempt to use the Service (collectively, the “Additional Terms”), which are expressly made part of your legal agreement with Company; (ii) that unless you immediately stop using or trying to use the Service, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use, the Privacy Policy, and the Additional Terms, as applicable; and (iii) you are at least eighteen (18) years old or the “age of majority” in your jurisdiction, if different. If you are younger than the “age of majority” in your jurisdiction, you may only use the Service with the consent of your parent or legal guardian. As set forth in the Privacy Policy, the Service is not intended for children younger than the age of sixteen (16) and we do not knowingly collect, share, or sell Personal Information (as that term is defined in the Privacy Policy) from children younger than the age of sixteen (16). Any terms used but not defined herein are defined in the Privacy Policy or Additional Terms, as the case may be.

As used herein, our “Partners” refers to Company and our suppliers, vendors, sponsors, advertisers and other promotional and advertising partners, operational service providers, licensors, licensees, agents, representatives, successors, and assigns and each of their respective parent, subsidiary, and affiliate companies.

2. CHANGES TO THE SERVICE AND TERMS OF USE.

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all the terms and conditions of these Terms of Use or any Additional Terms that apply to you, as well as the Service and/or any Content. We display the effective date of these Terms of Use at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THESE TERMS OF USE OR ADDITIONAL TERMS WILL APPLY IMMEDIATELY UPON POSTING THEM TO THE SERVICE. If you use the affected Service after the changes become effective, it means you are agreeing to be bound by the changes to these Terms of Use and Additional Terms, as the case may be. You should check on a regular and frequent basis and review the terms and conditions of these Terms of Use and Additional Terms that apply to you so you are aware of the current rights and obligations that apply to you.

3. SERVICE TESTING.

From time to time, we may test various aspects of the Service, including the platform, user interfaces, service levels, and features associated therewith, and we reserve the right to include you in or exclude you from these tests without notice.

4. USER PRIVACY AND OUR PRIVACY POLICY.

By accessing and using the Service, you are agreeing to be bound by the Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information. By using our Services, you agree that we can collect, use, and share data from you as described in our Privacy Policy. We are not responsible for any information or Content that you share with others via your use of the Services. You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.

5. ACCOUNT INFORMATION.

The Service may enable users to create an account (each, an “Account”) via the Service. When you register an Account with us, you must provide us with complete and accurate information (including, without limitation, certain Personal Information (as defined in the Privacy Policy) as requested when registering an Account and, thereafter, as and when requested by Company from time to time (collectively, “Account Information”). By providing Company with any Account Information, you grant to us and to all other persons, companies, and other entities involved in the operation of the Service the right to use, store, monitor, retrieve, and transmit such Account Information in connection with the operation of the Service and as otherwise provided herein and in the Privacy Policy, which sets forth our information collection and use policies with respect to the privacy of your Account Information. You acknowledge, consent, agree that we may access, preserve, and disclose your Account Information and your Content if required to do so by Applicable Law (defined in Section 10), or if we believe in good faith that such access preservation or disclosure is reasonably necessary or helpful to (i) comply with legal process; (ii) enforce these Terms of Use, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; (iv) respond to any Claim (as defined herein) that Content violates the rights of third parties; (v) provide certain customized features of the Service to you, if any; (vi) respond if you contact us for any reason; or (vii) protect the rights, property, or personal safety of Company, any one or more of our Partners, other users, and the public.

We reserve the right to immediately terminate your Account at our sole discretion and without prior notice to you if, for example, you violate the Terms of Use. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms of Use, may not be reactivated.

6. COMMUNICATIONS FROM COMPANY.

By registering or creating an Account, you may be automatically subscribed to receive certain email notifications from us (collectively, “Automatic Communications”), or we may give you the option to select and receive certain email notifications from us (collectively, “Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For details, see the section of the Privacy Policy entitled “Opting Out of Promotional Emails.”

7. OWNERSHIP OF CONTENT; USER CONTENT.

The Service and, except as described below, all Content is either the property of Company, our Partners, or our other users and is protected by Applicable Law. To avoid any doubt, when we use “Content,” it includes, but is not limited to, such things as software, code, design; images, photographs, video and audio-visual material, and graphic material; and other proprietary information, data, and databases; Trademarks (as defined below), and the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of the Service. All Trademarks remain owned by, and used by us under license from, their respective owners. You may not use Content, except as permitted in these Terms of Use, by its owner, or as otherwise permitted by law. These Terms of Use do not grant you the right to use any branding or logos used in our Services, including the Company name and logo. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

To the extent the Service contains interactive areas where users can submit or upload their own content, materials, information, text, data, copyrights, Trademarks, designs, images, photos, music, screenshots, videos, and other intellectual property (collectively, “User Content”), you retain ownership to any and all of your own User Content and these Terms of Use do not deprive you or any holder of your or their rights therein and thereto.

When you do submit or provide User Content, such as a Posting (as defined below), you are giving us an unconditional, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide, perpetual, and irrevocable right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon, and you are representing and warranting to us you have all necessary rights, consents, and/or permissions to grant us such license. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any User Content that you submit to our Services If you do not have the right (or if you are not certain whether you have the right) to license your User Content to us in accordance with the foregoing terms, do not submit or provide User Content to us. We make no representations that your User Content will remain available via the Service in any way. We may remove your User Content at our sole discretion.

Healthcare professionals who submit User Content represent that they are appropriately licensed, that their content complies with applicable professional standards, and that they are not establishing a provider patient relationship through the Service. Any professional titles, credentials, experience, or qualifications displayed on the Service are selfreported by users. Company does not independently verify, validate, certify, or endorse any healthcare credentials, licensure status, or professional qualifications, and users are responsible for independently verifying any such information before relying upon it.

Healthcare professionals are solely responsible for ensuring that their User Content complies with applicable licensing, scopeofpractice, and jurisdictional requirements in all locations where such content may be accessed.

YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SERVICE IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICE, AND WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN OR TO SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.

Our Services display some Content that is not our own. For example, some Content belongs to our advertisers, other third parties, or other users (collectively, “Third Party Content”) or is User Content. We are not responsible for, and you waive all of our liability with respect to, Third Party Content or User Content. Third Party Content and User Content is the sole responsibility of the individual or entity that makes it available via the Services. We may review Third Party Content or User Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content or User Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.

You may only use our Content and Third Party User Content for your own personal use and you have no right to transfer, assign, or use any of the foregoing for any other purpose or allow or enable any other person, company, or entity to do so. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate and/or broadcast, or create derivative works based upon, Content, User Content, or Third Party Content that is not yours without our express prior written consent. You may not alter, delete, or conceal copyright or other notices, even if we let you download, display, print, or share the Content, User Content, or Third Party Content with others. Unauthorized or prohibited use of Content, User Content, or Third Party Content may subject you to civil liability, criminal prosecution, or both under Applicable Law. Notwithstanding the foregoing, please also see section of the Privacy Policy entitled “Your Rights” for a description of how you may protect your Personal Information.

8. POSTING.

As stated above, the Service may enable you to submit, provide, furnish, transmit, exchange, communicate, and/or display User Content (collectively, “Postings”). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting shall not violate Applicable Law, these Terms of Use, or the rights of others. In addition, you are solely responsible and liable for any Postings made under your user ID, name, email address, password, and/or your Account or Account Information. We reserve the right to remove, reject, or delete any User Content or Postings made to the Service, but we assume no responsibility for doing so or monitoring Postings. We do not and cannot review all Postings made to the Service and are not responsible for such Postings, regardless of whether at any time we choose in our sole discretion, to monitor or remove User Content or Postings on the Service. Postings do not reflect our views and we do not represent or warrant the truthfulness, accuracy, or reliability of any Postings, nor do we endorse or support any opinions or ideas expressed in any Posting. If you determine or suspect the security of your Account Information or other user identification, login, and password associated with your Account have been compromised, please notify us immediately at compliance@healthcentral.com.

We may publicly display your profile information, posts, and actions you take on the Services or on third-party applications connected to your account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial content. You may request that we delete any of User Content or Postings that you submit to the Services by sending us an email at compliance@healthcentral.com. To the extent within our control we’ll remove User Content or Postings from public display and mark it for future deletion if permitted by Applicable Law; however, it may persist in backup or residual copies for a reasonable period of time (but will not be available to other users through the Services). For purposes of clarification, once you submit or share User Content or Postings with others via the Services (e.g., other users or third parties), we no longer have control over those portions of your Content or Postings and will not be able to delete it or prevent them from using it.

Company has no obligation to evaluate, verify, validate, or monitor User Content for medical, scientific, or clinical accuracy, balance, or completeness, and makes no representation that any healthrelated User Content reflects accepted medical standards or practices. Users, including healthcare professionals, may not use the Service to provide individualized medical advice, diagnosis, treatment recommendations, or clinical guidance tailored to another user’s specific health condition, medical history, symptoms, or circumstances.

If your Postings promote a third-party brand or its products or services in exchange for payment or any other incentive, you must comply with all applicable laws and guidelines (including with respect to disclosures), including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising. In addition, you may not make any health‑related, therapeutic, or wellness claims regarding any product or service that are false, misleading, or not supported by competent and reliable scientific evidence, as required under applicable law. You further agree that your Postings will comply with any laws regulating AI-generated or synthetic content, including, without limitation, the New York AI Synthetic Performers Disclosure Law, S.8420-A/A.8887-B.

Sensitive & Body-Focused Content

Drops is a platform for authentic health experiences. Some content may include discussions or imagery related to medical conditions, treatments, recovery, body changes, and caregiving.

  • We allow educational, condition-related, and experience-based content that may not be permitted on traditional social platforms, including topics such as mastectomy reconstruction, ostomy care, surgical recovery, and other medically relevant experiences.
  • Sexually explicit content, content intended to arouse, or content primarily focused on nudity, sexual activity, or provocative self-presentation is not permitted.
  • We evaluate content based on context and intent. Content shared to educate, support, document a health journey, or foster community discussion may be appropriate, even when it includes sensitive medical imagery.

Our goal is to create a space where people can share the realities of living with health conditions openly, honestly, and respectfully.

Company respects the intellectual property rights of others and asks that you do the same. If you believe that your User Content or other copyrightable works or materials have been copied in a way that constitutes copyright infringement, in accordance with the U.S. Digital Millennium Copyright Act (as may be amended from time to time, the "DMCA"), you should provide the following information to Company’s registered agent, whose contact information is below: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material (i.e., third-party User Content) you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by you (i.e., the copyright owner), your agent, or applicable law; and (vi) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. Company’s designated agent for receiving notices of claimed copyright infringement under the DMCA may be contacted as follows:

HealthCentral, LLC

Attn: DMCA Registered Agent 1550 Wilson Blvd, Suite 700-394, Arlington, VA 22209 United States of America compliance@healthcentral.com

Failure to include all the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification of claimed infringement and may result in you having to repeat some or all the above processes. If Company receives notice of claimed copyright infringement in a manner that complies with the above requirements and the DMCA, Company will respond expeditiously by removing, or disabling access to, the User Content that is claimed to be infringing, as described below, or to be the subject of infringing activity. Company will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Company may, at Company’s discretion, deny access to the Services by users who may have infringed the copyright(s) of others.

Counter-Notification

If your User Content was removed for copyright infringement pursuant to a notice of claimed infringement under the DMCA and you would like to dispute the removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing Company’s designated agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that Company enforces a policy that provides for the termination, in appropriate circumstances, of users who are infringers. Accordingly, if you are not sure whether certain User Content infringes your copyright or the copyrights of others, Company suggests that you first contact an attorney. To expedite Company’s ability to process your counter-notification, Company asks that you please do the following: (i) identify the specific URLs of (or other information sufficient to allow Company to identify) the User Content that Company has removed or to which Company has disabled access; (ii) provide your full name, address, telephone number, and email address; (iii) provide a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification to Company’s agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

HealthCentral, LLC

Attn: DMCA Registered Agent 1550 Wilson Blvd, Suite 700-394 Arlington, VA 22209 United States of America compliance@healthcentral.com

After Company receives your counter-notification, Company will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when Company forwards the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. Company will not forward the counter-notification to any party other than the original claimant. After Company sends out the counter-notification, the claimant must then notify Company within ten (10) days that they filed an action seeking a court order to restrain you from engaging in infringing activity relating to your User Content. If Company receives such notification, Company will be unable to restore the items. If Company does not receive such notification, Company may, but is not obligated to, reinstate the disputed item(s).

If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in your country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that Company enforces a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. If you are not sure whether User Content posted by you is being infringed, or if you are otherwise unsure of whether to file a counter-notification using these procedures, Company strongly recommends that you first contact a lawyer knowledgeable in the copyright laws of the United States. If you do wish to file a counter-notice, then you should follow the process for counter-notifications set forth above. COMPANY IS NOT YOUR ATTORNEY, AND THE INFORMATION COMPANY PRESENTS HERE IS NOT LEGAL ADVICE. COMPANY PRESENTS THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT WITH YOUR OWN ATTORNEYS REGARDING ANY DMCA ACTIONS.

If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at compliance@healthcentral.com. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Company or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken under this section.

10. USAGE RULES.

We reserve the right to deny you access to any and all parts of the Service for any reason and at our sole discretion. We do not assume any responsibility to monitor Postings for accuracy or unacceptable use, nor will any Posting be authenticated or endorsed by us. We encourage you to report offensive or illegal content by contacting us at compliance@healthcentral.com and we reserve the right to block transmission of, and or remove any Posting that you make for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree any Postings that you make to the Service is not confidential and that the following rules shall apply to your use of the Service.

Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.

You may never use, allow or enable or knowingly condone any other person, company, or other entity to use, the Service to do or attempt to any of the following, for any reason:

  • violate any applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”), or our rights or the rights of any other person, company, or other entity;
  • engage in conduct that is libelous, slanderous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
  • transmit, post, or submit through the Service any false, misleading, or spam reviews;
  • impersonate any other person, company, or other entity or any of our or their employees and agents or otherwise use any fake, false, or fictitious names or profiles;
  • use the Service for Posting or otherwise using malicious or unauthorized code (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment, including the Service;
  • gain unauthorized use of the Service, other users’ Accounts or Account Information, names, login or password information, or Personal Information or use the Service in any manner which violates or is inconsistent with the provisions or spirit of these Terms of Use;
  • modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, company, or other entity;
  • access, copy, reproduce, use, or create derivative works of any Content or textual information pertaining thereto or images or photos thereof, Trademarks, User Content, Postings, or any other content, materials, information, text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, chats, or other intellectual property of any kind or nature uploaded to, or contained in, the Service, or for purposes of training, any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise;
  • collect, obtain, compile, scrape, frame, gather, transmit, reproduce, delete, revise, view, or display the Service, the Content, or any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, company, or other entity;
  • engage in any activity or fail to report any activity involving spam, junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes;
  • post, upload, or disclose any protected health information or medical information of any other individual without lawful authorization, including medical records, diagnostic reports, or insurance information;
  • solicit, request, collect, or attempt to obtain personal health information from another user for purposes of diagnosis, treatment, clinical decisionmaking, or the provision of individualized healthcare services;
  • post User Content or Postings that claim or imply guaranteed outcomes, cures, or effectiveness of any health, wellness, or medical product, service, procedure, or intervention; or
  • use any robot, spider, or other automated means to access, scrape, harvest, or mine the Service, the Content, or the services made available through the Service.

Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these Terms of Use and may constitute a violation of Applicable Law.

Without limiting the foregoing, Company reserves the right, in its sole discretion, to remove, restrict, label, de‑prioritize, or otherwise take action with respect to User Content or Postings that Company believes may contain false, misleading, or potentially harmful health‑related claims, including statements or representations about medical conditions, treatments, diagnoses, prevention, or outcomes that are unsupported, inaccurate, or could pose a risk to individual or public health or safety.

11. TRADEMARKS.

Unless otherwise disclosed, all the trademarks, service marks, brand names, logos, insignia, symbols, product or service names, and company names (collectively, “Trademarks”) displayed on the Service are registered and unregistered trademarks of Company or one or more of our Partners. Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without the express written permission of, with respect to our Trademarks, Company or, with respect to other Trademarks, the applicable third-party owner or licensor thereof. Except as expressly provided in these Terms of Use, any use of the Trademarks is expressly prohibited.

12. FEEDBACK.

You agree that, with respect to any feedback or suggestions provided by you to Company or our Partners, (collectively, “Feedback”), YOU HEREBY GRANT TO COMPANY THE EXCLUSIVE PERPETUAL, IRREVOCABLE, AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE, AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER, OR MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT ANY REMUNERATION, COMPENSATION, OR CREDIT TO YOU. You represent and warrant that you have the right to make the foregoing grant to Company and that none of the Feedback infringes any intellectual property or any other rights of third parties or Applicable Law. Notwithstanding the foregoing, we grant to you a conditional, non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, perpetual, and revocable right and license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

13. TERMINATION.

You agree that Company may terminate your access to the Service or any Account you may have, or any portion thereof, at any time, for any reason or no reason, without prior notice to you, and you agree that we shall not be liable to you or any third party for any such termination. Company reserves the right to modify, suspend, or discontinue the Service and/or access to it at any time, for any reason or no reason, without prior notice to you, and Company will not be liable to you should we exercise such rights, even if your use of the Service is impacted by the change. These remedies are in addition to any other remedies we may have at law, in equity, or under these Terms of Use or any of the Additional Terms, all of which shall be cumulative.

14. INDEMNIFICATION.

By using the Service, you agree to indemnify, defend, and hold harmless Company and each of its Partners and each of their respective officers, directors, stockholders, managers, members, partners, joint venturers, employees, independent contractors, operational service providers, consultants, licensors, licensees, attorneys, representatives, agents, heirs, successors and assigns (collectively, the “Indemnitees”) from and against any and all losses, damages, liabilities, penalties, fines, costs, and expenses, including, without limitation, attorneys’ fees and court costs, arising from or relating to any claim, action, cause of action, demand, or allegation of any and every kind, nature, and character, whether based in whole or in part in contract, tort, negligence, statute or otherwise (each, a “Claim”), brought or asserted by a third party to the extent arising from (i) your breach or violation, or allegation which if true would constitute a breach or violation, of any representation, warranty, or obligation of these Terms of Use or any of the other Additional Terms; (ii) your use or misuse of the Service, Content, User Content, or your dealings with third parties, including, without limitation, other Users arising from your use of the Service; (iii) any violations, or allegation which if true would constitute a violation, of Applicable Law; and (iv) any unauthorized use, or allegation which if true would constitute an unauthorized use, of your Account. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.

15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; BASIS OF THE BARGAIN.

ALTHOUGH WE MAY UPDATE THE CONTENT ON THE SERVICE FROM TIME TO TIME, PLEASE NOTE THAT SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE INFORMATION CONTAINED ON THE SERVICE AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION. COMPANY DOES NOT CREATE, DEVELOP, ENDORSE, OR ADOPT USER CONTENT, INCLUDING HEALTHRELATED OPINIONS, STATEMENTS, OR REPRESENTATIONS, AND SUCH CONTENT REFLECTS SOLELY THE VIEWS OF THE INDIVIDUAL USER WHO SUBMITTED IT. THE SERVICE AND THE CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE SERVICE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR THAT THE SERVICE AND THE CONTENT ARE ACCURATE, TIMELY, COMPLETE, OR ERROR-FREE AND YOU SHOULD NOT RELY ON THE SERVICE OR ANY CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER COMPANY NOR ANY OF OUR PARTNERS OR OTHER INDEMNITEES ARE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY DECISIONS OR ACTIONS YOU TAKE BASED ON USER CONTENT OR POSTINGS ARE TAKEN AT YOUR OWN RISK AND RESPONSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM, FOR OURSELVES AND ON BEHALF OF OUR PARTNERS AND OTHER INDEMNITEES, ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE, OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU UNDER APPLICABLE LAW. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, COMPANY AND OUR PARTNERS AND OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; PROVIDED, HOWEVER, IN NO EVENT SHALL COMPANY AND OUR PARTNERS OR OTHER INDEMNITEES’ TOTAL AND COLLECTIVE LIABILITY TO YOU EXCEED FIFTY U.S. DOLLARS ($50.00).

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS SERVICE AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.

The Service may contain links to or advertisements for websites operated by third parties and, therefore, not owned or controlled by Company. The links to and advertisements concerning third-party websites, material, products, or services are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites or for your interactions with them, and you visit them at your own risk. Our inclusion of links to or advertisements for such third-party websites does not imply any endorsement of the material, products, or services provided by such third-party websites or any association with such third-party websites or their owners or operators whatsoever.

17. GEOGRAPHIC DISCLAIMER.

We make no representations that the Service is appropriate or available for use in locations outside of the United States. Access to the Service and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use the Service and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all Applicable Law.

18. CHOICE OF LAW.

These Terms of Use shall be construed and enforced under the laws of the State of New York applicable to parties residing in and contracts made, executed, and wholly performed within the State of New York. The Uniform Computer Information Transactions Act does not apply to these Terms of Use.

You agree that you will only sue Company and our Partners or other Indemnitees as an individual, and that you will not file a class action or participate in a class action against any one or more of such parties.

No claim or action relating in any way to this Terms of Use, the Privacy Policy, Additional Terms, the Service, the Content, or otherwise with respect to the subject matter hereof, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is permanently barred.

20. RIGHT TO NOTIFY TO LAW ENFORCEMENT.

If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or circumstances which may or could compromise or endanger the health, wellbeing, or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon, or misappropriates the rights of others, harasses or interferes with any other user or person, company, or other entity, interferes with or bypasses our security or other protective measures applicable to our systems, networks, and communications capabilities, breaches or violates these Terms of Use, the Privacy Policy, Additional Terms, the Service, the Content, or any Applicable Law, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity, or under these Terms of Use or any of the Additional Terms, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by Applicable Law.

21. ENTIRE AGREEMENT.

These Terms of Use, together with the Privacy Policy and any Additional Terms that apply to you, constitute the entire agreement you have with us regarding the Service, the Content, and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.

22. SEVERABILITY.

The illegality, invalidity, or unenforceability of any term or condition contained in these Terms of Use is severable and shall not affect the rest of these Terms of Use. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.

23. ASSIGNMENT.

We may assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms of Use or any of the Additional Terms to any party at any time without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Use or any of the Additional Terms to anyone else.

24. WAIVER.

Any provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms of Use or any of the Additional Terms will not constitute a waiver of such right or provision.

25. NOTICES.

We may deliver notice to you under these Terms of Use or any of the Additional Terms by means of email, a general notice on the Service, or written communication delivered by First-Class U.S. Mail to your address on record in your Account, if any. You may give notice to us at any time by letter delivered by First-Class U.S. Mail or overnight courier, return receipt requested, postage prepaid, to the following address:

HealthCentral, LLC Attn: Legal 1550 Wilson Blvd, Suite 700-394 Arlington, VA 22209 United States of America

26. NOTICE FOR CALIFORNIA RESIDENTS.

Under California Civil Code Section 1789.3, users of the Service from California are entitled to receive information on how to resolve a complaint regarding the Service or to receive further information regarding use of the Service. Such complaints or requests may be submitted to Company by email at legal@healthcentral.com.

27. CONTACT US.

If you have any questions about these Terms of Use, please contact Company by email at legal@healthcentral.com, or by mail to 1550 Wilson Boulevard, Suite 700-394 Arlington, Virginia 22209, United States of America.

28. THIRD PARTY TERMS

You agree that in addition to these Terms of Use, your use of our mobile app is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Play terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile app or otherwise access the Services.

Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple, you and Company acknowledge and agree to the following: This agreement is concluded between you and Company only, and not with Apple Inc. (“Apple”). The mobile app downloaded from Apple may only be used on Apple hardware products. Company, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. Company, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.

29. BINDING ARBITRATION

Without limiting your waiver and release in Section 15, you agree to the following:

a. Purpose. Any and all Disputes (as defined below) involving you and Company will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 29 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms of Use, this Arbitration Provision does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.

b. Definitions. The term "Dispute" means any claim or controversy related to the Services, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms of Use or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, "Company" means Company and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services.

c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Company by mail to 1550 Wilson Blvd, Suite 700-394 Arlington, VA 22209 United States of America.

d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Company may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Company about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Company agree otherwise, any arbitration hearing will take place in New York, NY. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS OR USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

g. Arbitration Fees and Costs. The payment of the JAMS fees and costs will be governed by the JAMS Rules. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse Company for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Company will pay all fees and costs that it is required by law to pay.

h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND Company AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.

i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.

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