The Circle of Health Terms of Use | The Circle Of Health

Last updated December 4, 2017

IMPORTANT: This Site is for Informational Purposes Only and Does Not Provide Medical Advice.

The Shetland Group Inc. operates the website for The Circle of Health. TCOH does not provide medical advice and we urge you to contact your healthcare professional for any medical issues. The Circle of Health allows users to find resources from a variety of top health and wellness sites and “curate” those resources in one convenient list with powerful tools for bookmarking, sharing, and saving searches. In addition, TCOH’s unique metrics allow users to customize their searches to match their learning styles (visual vs text resources, more “popular format” (US Magazine, People) vs more academic material).

The Circle of Health does not create or promote any health and wellness materials, resources or point of view. All of the results patients will see on TCOH are retrieved from top health and wellness sites that we believe are medically vetted.

Use of TCOH does not require that you register with us and use is free to any user. Users can conduct a search without registering. Registration is entirely voluntary and there is no charge to register or use the site. Many users do register with us as this allows them to use helpful tools and links on the site - our Advanced Features. These Advanced Feature tools (“the Services”) including Sharing, Bookmarking, and Recent Search history are only available if you have registered with us.

These Terms of Use (“TOU”) govern your use of any of TCOH and Services that are provided by TCOH. Please read this agreement carefully before accessing or using any of TCOH or the Services. Each time you access or use TCOH or the Services, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not access or use TCOH or the Services. In addition, certain areas of TCOH or the Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.

The Sites and Services offer health, fitness and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON TCOH OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON TCOH OR THROUGH A THIRD PARTY SITE OR THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON TCOH, THIRD PARTY SITES OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on TCOH or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on TCOH, Third Party sites or through the Services and no assurance can be given that the information contained in TCOH, Third Party sites or the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of TCOH and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Third Party sites or Private Label Model Partners. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on TCOH, Third Party sites or Services. If you rely on any of the information provided by TCOH, Third Party sites or the Services, our employees, or guests or visitors to TCOH, you do so solely at your own risk.

2. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of TCOH and Services. You also acknowledge and agree that your use of the Internet and access to the Sites is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from any site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, TCOH is not responsible for the security of any information transmitted to or from TCOH. TCOH reserves the right to prohibit or terminate use of or access to TCOH at any time, without notice, for any reason whatsoever.

3. License Grant.

This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use TCOH conditioned on your continued compliance with these TOU. You may print and download materials and information from TCOH solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

4. Prohibited Activities.

TCOH and the Services are not intended for children under the age of 13 and children under 13 should not use TCOH or the Services. You acknowledge and agree that TCOH and Services and linked Third Party sites contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of TCOH or Third Party sites. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of TCOH and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through TCOH or the Services; 2. Access TCOH or Services by any means other than through the standard industry-accepted or TCOH-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use TCOH and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display TCOH and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for TCOH or service if you are not expressly authorized by such party to do so; 8. Use TCOH or the Services in any manner that could damage, disable, overburden or impair TCOH's servers or networks, or interfere with any other user's use and enjoyment of TCOH and/or the Services; 9. Gain or attempt to gain unauthorized access to any of TCOH, Services, accounts, computer systems or networks connected to TCOH through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through TCOH or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the sites in any manner that could damage, disparage, or otherwise negatively impact TCOH and/or The Shetland Group Inc. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY TCOH OR THIRD PARTY SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

5. Third Party Content.

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through TCOH by third parties, including information providers, are those of the respective authors or distributors and not TCOH. Neither TCOH, its Licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither TCOH nor its Licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Third Party Sites or Services. You may be exposed through a search on TCOH or use of the Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access TCOH and Services at your own risk. We take no responsibility for your exposure to third party content on TCOH or the Services. TCOH does not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that we do not advocate the use of any product or procedure described in TCOH, third party sites or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.

6. Accounts, Passwords and Security.

If you choose to register with TCOH and open an account, you must complete the registration process by providing TCOH with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to TCOH which is untrue, inaccurate, not current or incomplete, TCOH reserves the right to terminate your access and use of TCOH and/or the Services. As part of the registration process, you will be asked to provide your email and select a password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify TCOH immediately of any unauthorized use of your account or any other breach of security. Neither TCOH nor its Licensors or Private Label model partners will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by TCOH, its Licensors, its Private Label model partners, or another party due to someone else using your account or password.

7. Linking to TCOH.

We reserve the right to disallow you to link to TCOH at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to TCOH. In the absence of a written agreement with us specifying how you may link to TCOH, use the following guidelines for adding one or more links to TCOH from your website:

The link must be a text-only link that clearly includes the URL of the applicable Site.
If the link points to any page on a Site other than the home page, the text link must also include the title of the target landing page.
The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks.
The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us.
The link, when activated by a user, must display TCOH full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows.
The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

8. Disclaimer Regarding Linked Third Party Sites.

We reserve the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of TCOH or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Web page and review this Policy regularly.

9. Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party (such as a health and wellness site) found on or through TCOH and Services, including, without limitation, third party sites and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TCOH shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

10. Privacy.

TCOH’s privacy policy with respect to the collection and use of your personally identifiable information is set forth in our Privacy Policy and is incorporated by reference into these TOU. BY ACCESSING TCOH AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

11. Disclaimer of Warranties.

TCOH AND THE SERVICES, AND ANY THIRD PARTY SITE CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH TCOH AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TCOH, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF TCOH AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH TCOH OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF TCOH AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH TCOH AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ON THIRD PARTY SITES OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON TCOH OR THIRD PARTY SITES OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH TCOH OR THIRD PARTY SITES OR THE SERVICES.

12. Limitation of Liability.

NEITHER TCOH NOR ITS THIRD PARTY SITES OR LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE TCOH AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON TCOH OR THIRD PARTY SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON TCOH OR THIRD PARTY SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH TCOH OR THIRD PARTY SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON TCOH OR THIRD PARTY SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON TCOH OR THIRD PARTY SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO TCOH OR THIRD PARTY SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY TCOH OR THIRD PARTY SITES OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING TCOH OR THIRD PARTY SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

13. Indemnification.

You agree to indemnify, defend and hold TCOH and its Licensors, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any materials you may submit to TCOH infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of TCOH or the Services.

14. Jurisdictional Issues.

TCOH makes no representation or warranty that the content and materials on TCOH or Third Party Sites or the Services are appropriate or available for use in locations outside the United States. Those who choose to access TCOH or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. TCOH reserves the right, at any time in our sole discretion, to limit the availability and accessibility of TCOH or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

15. Termination.

You agree that TCOH, in its sole discretion, may terminate your password, account (in whole or in part) or use of TCOH or Services, and remove and discard any content within TCOH or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

16. Governing Law.

These TOU and the relationship between you and TCOH shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You and TCOH irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New Castle, in the State of Delaware, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

17. Waiver and Severability.

The failure of TCOH to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

18. Successors and Assigns.

We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If TCOH or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.

19. Updates.

We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of TCOH and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of TCOH or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue TCOH or Services with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue TCOH or Services. If you object to any such changes, your sole recourse will be to cease access to TCOH or Services. Continued access to TCOH or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of TCOH or Services as so modified and your use of new Services will be governed by these TOU.

Additional Information

TCOH offers users a convenient and simple way to access multiple sources of information on topics of interest from Third party sites (top health and wellness sites). TCOH also allows users to tailor the information they see to more closely align with their preferred style of learning. TCOH is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.

Developments in medical research may impact the health, fitness and nutritional advice that appears from Third Party sites. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.

Certain health or medical material on this site may be sexually explicit. Please do not use this site if you would find these materials offensive.