The Foundation for Health Smart Consumers
175 Morristown Road, Suite 201
Basking Ridge, NJ 07920
Healthsmartconsumers.org is a website associated with The Foundation for Health Smart Consumers, a non-partisan, not-for-profit 501(c)(3) organization existing under the laws of the State of New Jersey, U.S.A. (“Foundation,” “we,” “us” etc.). These Terms are an agreement between The Foundation and you and govern your use of the site and all information on or submitted through it.
The Foundation anticipates that content or even assistance will be made available to you and others through the site or through links to other sites. Content may become outdated or contain typographical errors, inaccuracies, omissions or problematic or defective functionality, and assistance will need your review. You agree not to rely on content and to determine all relevant factors on your own, including (without limitation) accuracy, functionality, quality, reliability and other relevant factors. We reserve the right to monitor and exercise all other rights of ours and also to modify or remove any content or assistance at any time but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of The Foundation.
1. Restrictions on Use of Content
The site contains a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials—some that you post or otherwise provide in connection with the site (“Content”). Much of the content on the site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also have some content that we have designated as content that may be downloaded by you pursuant to these Terms (“available content”).
You may review, download, copy, distribute and use the available content, but you may not sell the available content or otherwise distribute it for a fee. You will not use or disclose it or the site to any third parties except as expressly permitted by these Terms.
This site is controlled by us from our offices within the United States of America. If you choose to access this site from locations outside the U.S., you do so at your own risk, and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the site in violation of U.S. export laws, regulations or these Terms.
2. Site Activities
The site is provided as-is and when available, and we may change all content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. Also, we or third parties might make a mistake, and we reserve the right to correct anything, including but not limited to content or assistance on the site. All logos used on this website are in the public domain and all are the property of their respective owners.
3. User Generated Content
Sometimes, you may wish to provide content, such as submitting comments. When you provide content, you:
•represent and warrant that the content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to The Foundation and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, third parties, users or anyone else that you have not conspicuously disclosed in the content.
•grant The Foundation, its affiliates, third parties sub-licensees and successors and assigns, and each site user who downloads the content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid-up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the content; (ii) publicly perform or display, license and distribute copies of the content, modified content and derivative works of the content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determined by The Foundation or other licensed person in its sole discretion) to allow the Foundation or other licensed person to fulfill its charitable or governmental mission, to further its related operations, and to create, advertise, operate and manage the site.
In addition to the rights above, you acknowledge and agree that we may keep content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of The Foundation, its users and the public.
You agree not to upload, post or otherwise transmit through the site any content or any other materials whatsoever that are or could appear to be:
(i) defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright or right of publicity; (iii) containing any software viruses or any other harmful computer code, files or programs, including any designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to The Foundation above).
4. Registration and Creating Profiles
There may be some areas of the site where you may have to complete a registration process or create a profile. Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy. If you provide (or The Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current or incomplete, The Foundation may suspend or terminate your access.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates and other third parties with whom we work in order to provide the site, content, services or pursue our mission as being a use made by you, even if someone else used your identifier.
You agree to indemnify, defend and hold harmless The Foundation and third parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the content, use of the site or related sites, any assistance or services provided by us or third parties, any alleged unauthorized use of the site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
6. Additional or Required Notices
Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms. Users may review the notices by clicking on their link:
1. Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the U.S. CAN SPAM Act of 2003).
2. Notice Re Trademarks (this provides notice regarding who owns the trademarks used on our site and cautions against infringement).
3. Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the site and its contents and cautions against infringement).
4. Notice of Copyright Agent (this provides contact and other information regarding the site’s copyright agent who may be notified of claimed infringement).
5. Notice of Availability of Filtering Software (this provides a notice under the U.S. Communications Decency Act).