Terms and Conditions of Use
Your local laws may not permit access to the medical information contained in this site.
ZibdyHealth is an online and mobile information and communications service, including the ZibdyHealth Mobile applications and social network applications (“Services”), provided by Zibdy, Inc. (“ZibdyHealth”) through the ZibdyHealth websites, zibdy.com (“Site”). These Terms and Conditions of Use (“Terms”) constitute a binding agreement between you and ZibdyHealth regarding your use of the Site and Services. In addition, in order to create an account with ZibdyHealth, you must also agree to the Consent to Electronic Signature and Records and the Authorization to Use and Disclose Health Information.
For the purposes of these Terms, the words ‘we’, ‘us’, ‘our’, ‘ZibdyHealth’ and ‘ZibdyHealth’ refer to the Zibdy, Inc., and it partners, affiliates, subsidiaries and assigns. The words ‘you’, ‘User’ and ‘End-User’ refer to you as a user of this Site.
The ZibdyHealth Terms and Conditions of Use were last updated on September 01, 2012. We reserve the right to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site, the Services or these Terms, in whole or in part, at any time. For changes that we deem material, we will place a notice on the Site (www.zibdy.com) by revising the link on the homepage to read substantially as “Updated ZibdyHealth Terms and Conditions” for a reasonable time. We will also send an email to the email address associated with your account. The most current version of these Terms will be available on the Site and will supersede all previous versions. By accessing or using the Site or the Services after the Terms have been changed, you agree to the revised Terms.
No Professional Advice
Any information supplied by ZibdyHealth through the Site or Services is for educational purposes or for general guidance on the use of the Site or Services, and does not constitute medical, legal, or other professional advice. The Site and Services are here to educate consumers on health care and medical issues that may affect their daily lives. You understand and agree that the Site and Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always seek the advice of a physician or other qualified health care provider regarding any questions you have about personal health or medical conditions. Health-related information provided through the Site and Services is not a substitute for medical advice, and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional.
By accessing and using the Site or Services, you represent and warrant that you are at least 13 years old. If you are under the age of 13 you may not use the Site or Services. Adults (over the age of 18) with children may establish sub-accounts that include information regarding their children. However, such sub-accounts are designed and intended only for adult users with children, and may not be directly accessed or used by children under the age of 13. If you allow your child under the age of 13, or a child under the age of 13 for whom you are legal guardian, to use the Site or Services, you agree that you shall be solely responsible for: (a) the online conduct of such child; (b) monitoring such child’s access to and use of the Site or Services; and (c) the consequences of any use of the Site or Services by such child. We reserve the right to terminate any account or sub-account, and remove all information in that account or sub-account, if we determine that it has been created or used directly by a child under the age of 13.
Conditions on Use of the Site and Services
We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and Services and the materials provided thereon for your own personal, non-commercial purposes, provided that you comply fully with these Terms and Conditions. You may not copy, share or distribute any portion of the Site or Services without the prior, written permission of ZibdyHealth.
Rights to the Content on the Site and Services
Other than information you provide or upload, the Site and Services and all of the content they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to the Site or Services (collectively, the “Materials”) are owned by or licensed by ZibdyHealth or other third parties. The Materials are protected from any unauthorized use, copying and dissemination distribution by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.
Except as expressly permitted in writing by ZibdyHealth, you will not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Materials. Nothing contained in these Terms or in the Site or Services does or may be construed to grant as granting, by implication, estoppel or otherwise, any license or right to use any Materials in any manner without the prior written consent of ZibdyHealth or such third party that may own the Materials or intellectual property displayed on the Site or Services.
Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of any of the Materials is strictly prohibited. Any use of the Materials other than as permitted by these Term will violate these Terms and may infringe upon our rights or the rights of the third party that owns the affected Materials. You agree to report any violation of these Terms by others that of which you become aware of. You are advised that ZibdyHealth will aggressively enforce its rights to the fullest extent of the law. ZibdyHealth may add, change, discontinue, remove or suspend any of the Materials at any time, without notice and without liability.
Disclaimer of Warranties
While ZibdyHealth uses reasonable efforts to include accurate and up-to-date information on the Site and Services, ZibdyHealth makes no warranties or representations as to its accuracy.
THE SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR SERVICES, OR ACCESSED BY MEANS THEREOF), TO THE GREATEST EXTENT PERMITTED BY LAW, IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, ZIBDYHEALTH MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT: (i) ACCESS TO OR OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; (ii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iii) THAT THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; (iv) THAT ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED; OR (v) OR THAT THE SITE OR SERVICES OR THE SERVERS THROUGH WHICH THEY ARE MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You understand and agree that reliance upon any advice, opinion, statement or other information displayed or distributed through the Site or Services is at your sole risk. Neither ZibdyHealth nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site or Services.
USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE AND/OR DOWNLOADING OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE OR SERVICES.
THE SITE AND SERVICES ARE INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE SITE AND SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, ZIBDYHEALTH AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA (EVEN IF ZIBDYHEALTH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RESULTING IN ANY WAY FROM: (i) YOUR USE OF THE SITE OR SERVICES; (ii) THE UNAVAILABILITY OF THE SITE OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITE OR SERVICES; (iii) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SITE OR SERVICES OR OF ANY CONTENT MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES; (iv) THE ACTIONS OF OTHER USERS OF THE SITE, OR OF ANY THIRD PARTY; OR (v) THE UNINTENTIONAL DISCLOSURE OF INFORMATION STORED ON OR TRANSMITTED THROUGH THE SITE OR SERVICES, TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE OR SERVICES, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF IT CONSTITUTES CONFIDENTIAL OR TRADE SECRET INFORMATION (THE “RELEASED MATTERS”).
TO THE EXTENT THAT, DESPITE THIS RELEASE, ANY LIABILITY MAY BE IMPOSED ON THE RELEASED PARTIES, THEIR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID TO ZIBDYHEALTH UP TO A MAXIMUM OF $1000. You agree that this limitation on your remedies will be enforced even if it fails of its essential purpose, or causes these Terms to do so.
By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You waive any and all rights you have or may have under California Civil Code Section 1542, and any similar provision of law, with respect to the Released Matters. YOU ACKNOWLEDGE THAT YOU MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE. NEVERTHELESS, YOU INTEND TO RELEASE FULLY, FINALLY AND FOREVER ALL RELEASED MATTERS. YOU AGREE THAT THE RELEASES SET FORTH HEREIN WILL REMAIN IN EFFECT NOTWITHSTANDING THE DISCOVERY OR EXISTENCE OF ANY SUCH ADDITIONAL OR DIFFERENT CLAIMS OR FACTS RELEVANT HERETO.
RESTRICTIONS ON THE LIMITATION OF WARRANTIES AND LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, YOU AGREE THAT THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY AND HOLD ZIBDYHEALTH AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH ANY SUCH CLAIM OR DEMAND, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY REPRESENTATION OR WARRANTY BY YOU, ANY MISREPRESENTATION BY YOU, OR THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT, PRIVACY RIGHT OR ANY OTHER LEGALLY PROTECTED RIGHT OF ANY PERSON OR ENTITY BY YOU OR ANY OTHER USER OF YOUR ACCOUNT CREDENTIALS. YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM. THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN ANY EVENT YOU MAY NOT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF ZIBDYHEALTH.
REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION YOU PROVIDE TO ZIBDYHEALTH REGARDING PERSONAL HEALTH INFORMATION
YOU MAY NOT ENTER, UPLOAD, OR SHARE THROUGH ZIBDYHEALTH ANY PERSONALLY IDENTIFIABLE HEALTH OR MEDICAL INFORMATION (“PERSONAL HEALTH INFORMATION”) ABOUT ANY PERSON OTHER THAN YOURSELF, INCLUDING ANY FAMILY MEMBER, WITHOUT THAT PERSON’S CONSENT, UNLESS YOU HAVE THE LEGAL RIGHT TO DO SO (FOR EXAMPLE, AS A GUARDIAN OR CONSERVATOR). BY ENTERING, UPLOADING OR SHARING PERSONAL HEALTH INFORMATION ABOUT ANOTHER PERSON, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED THAT PERSON’S CONSENT TO DO SO, OR THAT YOU OTHERWISE HAVE THE LEGAL RIGHT TO DO SO. YOU AGREE TO INDEMNIFY AND HOLD ZIBDYHEALTH AND ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH ANY CLAIM OR DEMAND, MADE BY ANY PERSON DUE TO OR ARISING OUT OF YOU ENTERING, UPLOADING OR SHARING PERSONAL HEALTH INFORMATION ABOUT A PERSON OTHER THAN YOURSELF.
Non-United States Residents
ZibdyHealth operates the Site and Services in the United States. ZibdyHealth makes no representation that the Site or Services are appropriate or available for use in locations other than the United States. If you access the Site or Services from locations outside of the United States you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, rules, and regulations, if and to the extent applicable. You may not access the Site or Services from any country or territory where the content of the Site or the provision of the Services is illegal. You may not use or export any of the materials constituting or available through the Site or Services in violation of United States export laws and regulations.
By using the Site or Services in any way, you unconditionally consent and agree that:
(1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) between you and the ZibdyHealth or its officers, directors, employees, parents, subsidiaries, or affiliates, arising out of, relating to, or connected in any way with the Site or Services, your use of the Site or Services, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”). The arbitration will be governed by the AAA Commercial Arbitration Rules, Expedited Procedures, and Supplementary Procedures for Consumer Related Disputes in effect at the time the arbitration is brought (“AAA Rules”), except to the degree that those rules are modified by these Terms, or in accordance with any other procedures to which you and ZibdyHealth hereafter agree in writing.
(2) If the AAA will not accept and administer the arbitration in accordance with these Terms, the parties will select an independent arbitrator. The arbitrator shall be a retired judge or an attorney with substantial experience as an arbitrator. The arbitrator will be selected as follows: (i) within twenty (20) days of notice from AAA, each party will propose three potential arbitrators; (ii) the parties will make a good faith effort to agree on an arbitrator selected from one or both of the parties’ lists; (iii) if the parties do not agree on an arbitrator within twenty days, the parties will each specify one of the potential arbitrators identified, and those two shall select an arbitrator for the dispute. If the potential arbitrators are unable to agree or the selected arbitrator is unable or unwilling to serve at any time, the process for selection of an arbitrator specified above will be repeated until an arbitrator able and willing to serve is identified. The arbitration will be governed by the AAA Commercial Arbitration Rules, Expedited Procedures, and Supplementary Procedures for Consumer Related Disputes in effect at the time the arbitration is brought (“AAA Rules”), except to the degree that those rules are modified by these Terms, or in accordance with any other procedures to which you and ZibdyHealth hereafter agree in writing.
(3) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
(4) The arbitration shall be held in San Diego County, California, unless the arbitrator determines that it is necessary for the arbitration to be conducted in another location. You may elect to have the arbitration conducted based entirely on the papers submitted by you and ZibdyHealth, or you may elect to participate in the arbitration by telephone or video conference.
(6) The arbitrator shall apply California law and statutes of limitation to any claims asserted by you or ZibdyHealth, consistent with the FAA, without regard to its conflict of law provisions.
(7) Neither you nor ZibdyHealth may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim subject to arbitration. Claims subject to arbitration may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or ZibdyHealth’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
(8) The arbitrator shall not have the power to award exemplary or punitive damages against you or ZibdyHealth.
(9) In the event that the administrative fees and deposits that must be paid to initiate arbitration against ZibdyHealth exceed $125 USD, and you are unable (or not required under the AAA rules) to pay any fees and deposits that exceed this amount, ZibdyHealth agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ZibdyHealth will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
(10) The arbitrator may award legal, declaratory, equitable, or injunctive relief, but only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party’s individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. Any proceedings to enforce, vacate, or modify any arbitration award will be governed by the FAA and the laws of the State of California, without regard to its choice of law provisions.
(11) You and ZibdyHealth agree that no federal, state, or local court shall have any authority to address or resolve any claim subject to arbitration, except as expressly provided herein. You and ZibdyHealth hereby waive any right to a jury trial of any claim. This agreement does not preclude you or ZibdyHealth from seeking action by federal, state, or local government agencies; such agencies can, if the law allows, seek relief on your or ZibdyHealth’s behalf. You and ZibdyHealth also have the right to bring qualifying claims in small claims court. In addition, you and the ZibdyHealth retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, except that any dispute as to the arbitrability of any claim and the application or enforceability of this arbitration agreement will be addressed and resolved exclusively by the arbitrator.
(12) The content of the arbitral proceedings and any rulings or award shall be kept confidential by the parties and the arbitrator except: (i) to the extent that disclosure may be required of a party or the arbitrator to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award or other relief granted by the arbitrator in bona fide legal proceedings before a state or federal court or other judicial authority; or (ii) with the consent of all parties. Notwithstanding anything to the contrary in these Terms, any party may disclose matters relating to the arbitration as necessary for the preparation or presentation of a claim or defense in the arbitration.
(13) If any part of this arbitration agreement (other than paragraph (6) above) is deemed to be invalid, unenforceable or illegal, or conflicts with the AAA rules, then the balance of this arbitration agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If paragraph (7) of this arbitration agreement is found to be invalid, unenforceable or illegal, then the entirety of this arbitration agreement shall be null and void, and neither you nor ZibdyHealth shall be required or entitled to arbitrate disputes.
Termination of Services and Investigation or Removal of Content
If you violate these Terms and Conditions, ZibdyHealth may, in it sole discretion, terminate your use of the Site or Services, or any portion thereof, without notice. ZibdyHealth reserves the right to remove any content added, entered or uploaded to the Site or Services in violation of these Terms, or in suspected violation of these Terms, at its sole discretion. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such removal, termination or discontinuance.
Username, Password, and Security
Your username and password will be your identity for purposes of interacting with ZibdyHealth and other users through the Site and Services. You shall use your account, username and password solely in accordance with these Terms. You are solely responsible for maintaining the security of your username and password, and for notifying ZibdyHealth via e-mail: email@example.com, if you learn of or suspect any loss, theft or unauthorized use of your account, username or password.
ZibdyHealth respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millennium Copyright Act (17 U.S.C. § 512, the “DMCA”), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers. If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.
Names and Trademarks
Zibdy, ZibdyHealth, zibdy.com, and other ZibdyHealth logos and product or service names are trademarks of ZibdyHealth. No use of the ZibdyHealth name, logos, or trademarks may be made without the express prior written permission of ZibdyHealth. All other trademarks used in the Site and Services are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
Non-Waiver and Severability
These Terms may not be amended, nor any obligation waived, without ZibdyHealth’s written authorization. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision thereof.
If any provision of these Terms shall be found unlawful, void, or for any reason unenforceable, then except as provided in the provisions under the heading “Arbitration” above, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions about the Service, please contact us at firstname.lastname@example.org.