Health-e-Basket Terms of Service

Effective: February 7, 2018

  1. Terms of Service
    The Health-e-Basket website located at www.health-e-basket.com (the “Website”) is a copyrighted work belonging to Carolina Coupon Clearing, Inc. (referred to herein as “Inmar” or “Health-e-Basket”). Health-e-Basket provides an online food information service that provides users nutrition information, customized product grades, and other tools and services to find better products for users and their family. From time to time, it also conducts market research surveys regarding food, shopping, diet and nutrition (“Surveys”). Such services may be accessed through the Website or the Health-e-Basket mobile application (“Mobile App”) (such services, the Website, the Surveys, and the Mobile App, collectively the “Services”). THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. THESE TERMS ARE ACCEPTED BY YOUR ACCESSING AND/OR USE OF THE SERVICES. YOU MAY NOT ACCESS AND/OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT THESE TERMS AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS AND/OR USE THE SERVICES.  PLEASE REVIEW INMAR’S PRIVACY POLICY. THE TERMS OF THE PRIVACY POLICY ARE INCORPORATED INTO, AND CONSIDERED A PART OF, THESE TERMS
  2. Accounts
    1. Eligibility; Account Sponsorship. In order to be eligible to use the Health-E-Basket Services, you must be eligible by means of sponsorship. This could be as a result of either: (i) employment; (ii) healthcare (such as a patient relationship with a participating Health-E-Basket sponsor); (iii) membership (such as an insured of a participating insurance company, a member of a participating credit union or bank, member of a health club, or other such participating Health-E-Basket sponsor) (“Health-E-Basket Sponsor”).
    2. Account Creation. In order to use certain features of the Services, you must register for an account (“Health-e-Basket Account” or “Account”) on the Website and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information (“Registration”) you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation or these Terms. You may delete your Health-e-Basket Account at any time, for any reason, by following the instructions on the Website. Health-e-Basket may suspend or terminate your Health-e-Basket Account in accordance with Section 14 (Term and Termination).
    3. User Profile. Your Health-e-Basket Account allows you to create a personal profile (“Profile”). You are not required to complete the Profile, but the more complete it is, the more Health-e-Basket will be able to provide specific information for your diet and nutritional concerns.
    4. Account Responsibilities. You are responsible for maintaining the confidentiality of your Health-e-Basket Account login information and are fully responsible for all activities that occur under your Health-e-Basket Account. You agree to immediately notify Health-e-Basket of any unauthorized use, or suspected unauthorized use of your Health-e-Basket Account or any other breach of security by contacting the Health-e-Basket Customer Service Team at 1-877-874-3024. Health-e-Basket cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We will protect your Health-e-Basket Account information in accordance with the Privacy Policy.
  3. Service License and Information
    1. License. Subject to the these Terms, Health-e-Basket grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Services solely for your personal, non-commercial purposes, and (ii) install and use the Mobile App, solely on your own handheld mobile device (e.g., smartphone, tablet or similar) and solely for your personal, non-commercial purposes.
    2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on any Website content must be retained on any copies.
    3. Modification. Health-e-Basket reserves the right, at any time, to modify, suspend, or discontinue the Services (including the Website and Mobile App) or any part thereof with or without notice. You agree that Health-e-Basket will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
    4. Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (including the Website and Mobile App but excluding any User Content) are owned by Inmar or Inmar’s licensors. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Inmar and its suppliers reserve all rights not granted in these Terms.
  4. Purchase History
    1. Store Connections. Health-e-Basket provides the ability for users to connect to certain retail stores and pull your purchase history from that retail store into Health-e-Basket. As indicated in Section 2(b)(User Profile), in order to obtain additional benefits from Health-e-Basket, You may elect to enter a grocer loyalty discount card (under “Link My Stores”) in order to enable Your grocery trips and related grocery purchases to link to the Health-e-Basket system, and thus to link such data to your Health-e-Basket score. Health-e-Basket does not and cannot guarantee the accuracy or completeness of the purchase history data.
    2. Right to Access. Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Health-e-Basket to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
    3. Periodic Maintenance. Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Health-e-Basket, in its sole discretion, may elect to take. In no event will Health-e-Basket be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
    4. Optional Participation. You are not obligated to enter your affiliated grocer’s loyalty card into Health-e-Basket for continued use of Health-e-Basket.
    5. Remedy. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Health-e-Basket to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
    6. Purchase History Privacy. Purchase history data for connected stores is exclusively provided to Health-e-Basket users and will be governed under Inmar’s current Privacy Policy and Terms of Service.
    7. No Solicitation. You will not be solicited in response to connecting to a retail store through Health-e-Basket.
  5. User Content
    1. User Content. “User Content” of a user means any and all information and content that such user submits to, or uses with, the Services (e.g., content in the user’s profile or forum post). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Services as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Health-e-Basket. Because you alone are responsible for your User Content (and not Health-e-Basket), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Health-e-Basket is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. We will protect User Content in accordance with the Privacy Policy.
    2. License. By using your User Content with the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Health-e-Basket an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing for any purpose.
    3. Feedback. Health-e-Basket will treat any feedback or suggestions you provide to Health-e-Basket as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Health-e-Basket to the contrary, you agree that you will not submit to Health-e-Basket any information or ideas that you consider to be confidential or proprietary. You agree that you grant the full scope of License provided in Section 5(b) above, to Health-e-Basket in connection with any feedback or suggestions you provide.
    4. No Guarantee. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. You agree that Health-e-Basket will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
  6. Personal Information.
    1. Personal Information We Collect. “Personal information” is data that can be used to uniquely identify or contact a single person. Personal information we collect may include your name, phone number, home mailing address, e-mail address and grocer loyalty discount card information. For example, when you register for our services, we require you to provide certain information, including, without limitation, your name and email address. Or when you use the “Contact Us” link on the Site, we collect personal information you submit, such as your name, phone number and e-mail address. We may use links throughout the Site to provide you with the opportunity to contact us via e-mail to ask questions, request information and materials, or provide comments and suggestions. You may also be offered the opportunity to have one of our representatives contact you personally to provide additional information about our products and services. To do so, we may request additional personal information from you, such as your name, email address and telephone number, to help us satisfy your request.

      By initiating any activity or transaction that utilizes the Health-E-Basket cash rewards feature, you consent to providing your financial information to us and our service providers for purposes of processing the cash reward rebate transactions.  When we collect payment information directly from you, like your bank account or PayPal account information, we transmit this information directly from you to the applicable processing companies.

    2. How We Use Information We Collect. We collect and use your personal information for a variety of business purposes, including to respond to your requests, to provide the Health-E-Basket services that you request, to communicate with you about our services, and to do all things necessary to administer the Site and our services, and manage, protect and improve them. We may use your personal information to offer coupons, and administer surveys, polls, loyalty programs, and other promotional events.
    3. Information We Share with Others. We may use or disclose your personal information and other information we collect to affiliates or subsidiaries that require access to your personal information for business purposes. We may disclose your personal information and other information to third parties to protect the security and integrity of the Site, to correct technical problems and malfunctions on the Site, to technically process your information, to provide services, to help us market our services, to provide analytics or to take precautions against liability. We also may provide your personal information to vendors who provide services on our behalf, such as the original sponsor of the Health-e-Basket program under which you were able to establish your account, a service provider who verifies your account registration information, or a health partner, such as your insurance company. If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it. Consult your carrier’s privacy policy for additional information.
    4. Merger. We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us.
  7. Security.
    We use reasonable precautions, including technical, administrative, and physical procedures, to protect personal information from loss, misuse, or alteration. Although guaranteed security does not exist on the Internet or offline, we make commercially reasonable efforts to handle such information consistent with the Inmar Privacy Policy and applicable laws and regulations. Due to the design of the Internet and other factors outside our control, we cannot guarantee that communications between you and our servers will be free from unauthorized access by third parties.
  8. Changes in Personal Information; Opt-Out.
    If you wish to correct or update your personal information, you may update your user profile online, or you may contact the Health-e-Basket Customer Service Team at 1-877-874-3024. If you receive any promotional e-mail communication from us, you will be given the option to “unsubscribe” from receiving further e-mail communications from us at any time. Your option not to receive promotional and marketing material will not preclude us from corresponding with you, by e-mail or otherwise, regarding your existing or past business relationships with us, and will not preclude us from accessing and viewing your personal information in the course of maintaining and improving the Site and our services.If you wish to discontinue your participation in Health-E-Basket and disable your Health-E-Basket account, you should contact your original Health-E-Basket Sponsor to request assistance.
  9. Acceptable Use Policy
    The following sets forth Health-e-Basket’s “Acceptable Use Policy”:

    1. You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
    2. In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks or otherwise interferes with our operation or provision of the Services; (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Services.
    3. We reserve the right (but have no obligation under these Terms) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, suspending or terminating your Health-e-Basket Account in accordance with Section 14 (Term and Termination), and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information consider necessary or appropriate, including your Health-e-Basket Account username and password, IP address and traffic information, usage history, and your User Content.
  10. App Stores, Third Party Sites and Ads
    1. App Stores.  You acknowledge and agree that the availability of the Services is dependent on the third party from which you received the Mobile App, e.g., the Apple iPhone or Android store websites, (collectively “App Store(s)”). You acknowledge that these Terms are between you and Health-e-Basket and not with the App Store. Health-e-Basket, not the App Store, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Store. You acknowledge that the App Store (and its subsidiaries) is a third party beneficiary and will have the right to enforce these Terms.
    2. Third Party Sites and Ads. The Services might contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Health-e-Basket and Health-e-Basket is not responsible for any Third Party Sites & Ads. Health-e-Basket provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
    3. Third Party Site and Ad Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites and Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
  11. Disclaimers
    ALL INFORMATION CONTAINED ON OR PROVIDED WITH THE SERVICES (INCLUDING THE WEBSITE AND MOBILE APP), INCLUDING NUTRIENT CONTENT INFORMATION, INGREDIENT LISTS AND INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO BE CONSTRUED AS MEDICAL ADVICE. INMAR DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS, WHETHER BASED ON THIRD PARTY INFORMATION OR ON RATINGS GENERATED BY THE MOBILE APP AND/OR SERVICES. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS OR IN THE ACTUAL PRODUCT PACKAGING AND LABELS, INCLUDING FOOD ALLERGEN INFORMATION, NUTRIENT CONTENT, QUALIFIED HEALTH CLAIMS, AND FOOD MANUFACTURER DISCLAIMERS.  INFORMATION ON THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE INFORMATION ON OR FROM THE SERVICES FOR THE DIAGNOSIS OR TREATMENT OF A HEALTH PROBLEM OR ANY DISEASE. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY DIETARY OR NUTRITIONAL CHANGES.  IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, HEALTH-E-BASKET DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON OR WITH THE SERVICES.  THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, SURVEYS, AND WEBSITE CONTENT) ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) MAKE NO WARRANTY THAT THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, SURVEYS, OR WEBSITE CONTENT): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE (AND OUR SUPPLIERS, PARENTS, AFFILIATES, AND RELATED COMPANIES) MAKE NO WARRANTY REGARDING THE THIRD PARTY SITES & ADS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  12. Limitation of Liability
    IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT), OR THIRD PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, AND WEBSITE CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT), FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID INMAR IN THE PRIOR 12 MONTHS (IF ANY).
  13. Indemnity
    You agree to indemnify and hold Health-e-Basket, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your User Content, or (iii) your violation of these Terms. Health-e-Basket reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Health-e-Basket. Health-e-Basket will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  14. Term and Termination
    Subject to this Section, these Terms shall remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Health-e-Basket Account) or (b) terminate these Terms, at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms or if we believe you are younger than 18. Upon termination of these Terms, your Health-e-Basket Account and right to access and use the Services will terminate immediately. Health-e-Basket will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Health-e-Basket Account or deletion of your User Content.
  15. Copyright Policy
    Health-e-Basket respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

    1. Your physical or electronic signature;
    2. Identification of the copyrighted work(s) that you claim to have been infringed;
    3. Identification of the material on our services that you claim is infringing and that you request us to remove;
    4. Sufficient information to permit us to locate such material;
    5. Your address, telephone number, and e-mail address;
    6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
    7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
    8. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
  16. General
    1. Changes to Terms of Service. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
    2. Governing Law.  These Terms and the relationship between you and Inmar are governed in all respects by the laws of the State of North Carolina, United States, without regard to its conflict-of-law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of Forsyth County, North Carolina. If any provision of these Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. By using the Website, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Website or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Inmar’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Inmar may assign its rights and duties under these Terms to any party at any time without notice to you.
    3. Entire Agreement. These Terms (which includes the Privacy Policy and any other rules posted on the Website) constitutes the entire agreement between you and us regarding the use of the Services. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Inmar’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms shall be binding upon assignees.
    4. Copyright/Trademark Information.  All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
    5. Linked Sites. Our Site may contain links to other websites that are not controlled or maintained by Health-e-Basket. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites. Use of linked websites is at your own risk. We encourage you to note when you leave our Site and to read the terms of use of such other websites.

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