Terms & Conditions

MyHealthGate.com Web site Terms and Conditions

By accessing and viewing this MyHealthGate Web site (the “Site”) you agree to be bound by the terms of this agreement, without modification, including all disclaimers, terms and conditions set forth in this agreement (the “Agreement”). If you do not agree to the terms of this Agreement, do not access the content, features or functions of this Site. This Agreement includes these Terms and Conditions as well as the MyHealthGate Privacy Policy, the terms and conditions of which are hereby incorporated by reference.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

MyHealthGate, Inc. (“MyHealthGate” or “we”) grants you a non-exclusive, non-transferable, royalty-free license to access the content on the site for your own personal purposes while visiting the Site, solely for the purposes of accessing the content, features and functions of the Site in accordance with this agreement. MyHealthGate reserves the right at any time and for any reason it deems sufficient, in its sole discretion, to revoke this license, to deny you future access to the Site, or to impose conditions on your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access.

This site is copyrighted by MyHealthGate. You may not copy or distribute, nor attempt to copy or distribute, the content or features of the Site.

You understand and agree that neither MyHealthGate nor any user of this Site is providing medical advice, including, but not limited to, information related to medical diagnosis, treatment, or advice about what providers to use. This Site is an informational resource for you, but it should not serve as a substitute for professional medical consultation with a physician or qualified health provider.

In addition to these terms and conditions, from time to time MyHealthGate posts to this Site, its then-current privacy policies and policies governing acceptable use of the Site and/or other MyHealthGate sites or services. You agree to abide by all such policies, which MyHealthGate may modify in its discretion, and by all applicable laws and regulations. Changes to such policies are effective when posted to the Site.

Certain areas of this Site may allow you to post content that can be accessed and viewed by others, including the general public. You are welcome to share your knowledge, experience and opinions with other users of the Site; however, You acknowledge and agree that any opinions expressed by users of this Site are not those of MyHealthGate and we disclaim all liability related to such content.

You agree to use this Site only to post, send and receive messages and material that are proper and related to health and wellness and only on such areas that you created or on which you have permission to post. By way of example, and not as a limitation, you agree that when using the Site, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Advertise, solicit, or offer to sell or buy any goods or services for any business purpose, unless specifically permitted by MyHealthGate.
  • Restrict or inhibit any other user from using and enjoying the Site.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

By submitting content to public areas of this Site, you grant us the right to use, copy, display, perform, distribute, adapt and promote this content in any medium. You understand and agree that MyHealthGate makes no representation about the selection of posts, we make no representation that MyHealthGate discloses all submitted posts, or that the posts represent an exhaustive representation of what MyHealthGate receives. Further, MyHealthGate makes no representations or warranties about any and all editorial content on the Web site. Opinions on the Site are not to be construed as assertions of fact. You agree that neither MyHealthGate nor any user of the Site shall be held liable for content that is provided via the Site. MyHealthGate has no duty to pre-screen content, but we reserve the right to refuse to post or to redact submitted content at our discretion. MyHealthGate reserves the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please Contact Us to report possible copyright infringement.

Upon our request, you agree to defend, indemnify, and hold harmless MyHealthGate, and our employees, contractors, officers, directors, and agents from all liabilities, damages claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site. MyHealthGate reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses; provided that notwithstanding the foregoing you shall still be obligated to indemnify MyHealthGate as set forth in this Agreement.

CONTENT, FEATURES AND FUNCTIONS ARE PROVIDED AND/OR MADE ACCESSIBLE ON AN "AS IS," "AS AVAILABLE" BASIS, AND MYHEALTHGATE MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE SITE, ITS CONTENTS, FEATURES OR FUNCTIONS FOR ANY PURPOSE. MYHEALTHGATE DOES NOT WARRANT THAT THE CONTENT, FEATURES AND FUNCTIONS AVAILABLE ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.

MYHEALTHGATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT WILL MYHEALTHGATE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF MYHEALTHGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MYHEALTHGATE SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

You acknowledge that the covenants set forth in this Agreement are intended solely for your benefit. Nothing herein, whether express or implied, shall confer upon any person or entity, other than you, any legal or equitable right whatsoever to enforce any provision of this Agreement.

If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this Agreement shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this Agreement invalid or unenforceable whatsoever.

No waiver under this Agreement shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of such waiver is sought. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by either party in exercising any right hereunder shall not be deemed a waiver of that right.

This license constitutes the entire agreement between MyHealthGate and you with respect to your rights to access and use the Site.

This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts within the Commonwealth of Virginia, and you consent to personal jurisdiction and venue therein.