Terms & Conditions
These Herself Health Website Terms and Conditions of Use Agreement (“Agreement”) is made by and between Herself Health (“we,” or “us”), having a principal place of business in Minnesota, USA, and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this United States Website and any website that displays, links to, or references this Agreement as well as any services offered by Herself Health on this Website (each website and service collectively and individually referred to herein as the “Site”).
BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH THE SITE OR ANY PART THEREOF, YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE.
1. U.S. WEBSITE
This Site is intended for use by United States residents only and contains information regarding Herself Health and its products and services available within the United States. Any references to products or services on the Site do not imply that Herself Health intends to announce or offer these products or services in your country.
2. PERSONAL INFORMATION OF CHILDREN
THIS SITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS SITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.
3. ADDITIONAL TERMS
Some areas of the Site may have additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read prior to your use of that area of the Site. By using those areas of the Site, you agree to the Additional Terms. If you disagree with this Agreement or are dissatisfied in any way with this Site, your sole and exclusive remedy is to discontinue accessing, visiting, browsing, using, or otherwise interacting with this Site.
4. PROVISION OF INFORMATION
5. RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by this Site. As a condition of your use of the Site, you warrant to Herself Health that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Site, or (ii) frame this Site, without the express prior written permission of an authorized representative of Herself Health. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or its Content. You agree to cooperate with Herself Health in causing any unauthorized co-branding or framing immediately to cease.
In addition, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Site. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Site without our express permission. You may not attempt to probe, scan or test the vulnerability of the Site or any system to which it is connected or attempt to breach any security measures. Your use of this Site is strictly for your personal, non-commercial use only. Your use of the Site must be in compliance with all applicable laws and rights of third parties, including without limitation all third party intellectual property rights.
6. PROPRIETARY INFORMATION
The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by Herself Health, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the Site (the “Content”) is the proprietary information of Herself Health or the party that provided or licensed the Content to Herself Health, whereby Herself Health and its licensors retain all right, title, and interest in the Content. Neither title nor intellectual property rights in and to the Site or the Content are transferred to you by access to this Site. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, decompile, disassemble, translate, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Site. Modification or use of the Site or its Content except as expressly provided in this Agreement violates Herself Health’s intellectual property rights and/or the intellectual property rights of others.
This Site may be hyper-linked to other websites which are not maintained by, or related to, Herself Health. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this Site or Herself Health. Herself Health has not reviewed any or all of such websites and is not responsible for the content of those websites. Herself Health is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user’s own risk, and Herself Health makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this Site. Herself Health provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by Herself Health of that website, its owner, or its content.
You hereby grant to Herself Health the royalty-free, perpetual, irrevocable, worldwide, sublicensable through multiple levels, transferrable, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all feedback, suggestions, ideas, or other improvements to, or reviews of, the Site or the Content you communicate to Herself Health (together, (“Feedback”), and to incorporate any Feedback, in whole or in part or modified as Herself Health sees fit, in other works, products, or services in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Feedback.
Herself Health will not be required to treat any Feedback as confidential, and may use any Feedback to the full extent of its license without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Herself Health products, services, or other business operations.
9. ACCURACY OF INFORMATION
The Content is not necessarily complete and up-to-date and should not be used to replace any medical advice provided by a licensed practitioner, written reports, statements, or notices provided by Herself Health. Herself Health may update this Site on a regular basis but assumes no obligation to update any of the Content.
10. LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HERSELF HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HERSELF HEALTH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HERSELF HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HERSELF HEALTH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT HERSELF HEALTH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. HERSELF HEALTH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME JURISDICTIONS, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. NO MEDICAL ADVICE
You should not consider content on the Site to be medical advice. You should not rely on Content on the Site to make medical decisions. These decisions should only be made in consultation with your healthcare providers. Content found on the Site is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare provider.
12. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, HERSELF HEALTH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HERSELF HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HERSELF HEALTH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT, UNLESS SUCH A LIMIT IS PROHIBITED BY APPLICABLE LAW, YOU CANNOT FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITEINCLUDING WITHOUT LIMITATION ITS CONTENT MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
13. TERMINATION OR RESTRICTION OF ACCESS
Herself Health reserves the right, in its sole discretion, to (i) terminate your access to the Site and the related services or any portion thereof at any time, without notice; and (ii) withdraw, suspend, or discontinue any functionality or feature of the Site.
You will indemnify and hold Herself Health, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including without limitation any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, fines, costs, expenses, and attorney’s fees (collectively "Losses") of the Indemnified Parties in connection therewith, including without limitation in relation to the defense of any third party claims related thereto. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site, including without limitation for any Indemnified Party's Losses, except to the extent such claims and losses are due to the negligent or willfully malicious acts of Herself Health.
15. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of Herself Health or the party that provided the trademarks, services marks, logos, and copyrighted works to Herself Health. Herself Health and any party that provided trademarks, service marks, logos, and copyrighted works to Herself Healthretain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.
All Content of the Site is: Copyright © 2022 Herself Health, All rights reserved, unless otherwise noted.
You are prohibited from any attempt to compromise security or tamper with system resources associated with this Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Herself Health reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. Herself Health reserves the right to investigate suspected violations of this Agreement.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HERSELF HEALTH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HERSELF HEALTH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HERSELF HEALTH OR LAW ENFORCEMENT AUTHORITIES.
You understand that Herself Health cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data.Herself Health does not assume any responsibility or risk for your use of the Internet.
You recognize and agree that when submitting your personally identifiable information to Herself Health, while Herself Health may have safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, HERSELF HEALTH SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS. HERSELF HEALTH DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.
This Agreement will be governed and interpreted pursuant to the laws of Minnesota, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Ramsey County, Minnesota in connection with any dispute between you and Herself Health arising out of or relating to this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Ramsey County, Minnesota.
Herself Health may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this Agreement shall inure and be binding upon any party’s permitted successors and assigns.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording or, if not amendable to become lawful and enforceable, shall be severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Herself Health as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Site.
This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and Herself Health with respect to the Site. Notwithstanding the foregoing, any additional terms and conditions on this Site will additionally govern the items to which they pertain.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by Herself Health at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy, or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Herself Health may revise this Agreement at any time by updating this posting.
Last Modified: [October 10, 2023]