Terms of Service Agreement

Not for Diagnosis of Medical Conditions

ALL INFORMATION PROVIDED ON HEALTHCAKE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY HEALTHCAKE, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH HEALTHCAKE EXPERTS AND REGISTERED MEMBERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN - PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; HEALTHCAKE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY HEALTHCAKE OR ANY HEALTHCAKE EXPERTS OR REGISTERED MEMBERS IS SOLELY AT YOUR OWN RISK.

We believe you should be empowered to make decisions about your health. We provide supplementary information to help you make these decisions, but any and all choices are yours. You possess the most information about your day to day health situation and needs, and therefore you are the best decision maker about your health. We also believe that your health decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions.

Not for Commercial Purposes

You may access Healthcake for personal or educational use, but not for selling products or services in accordance with all applicable federal, state and local laws. Licensed U.S. doctors and other qualified medical experts may apply to participate on Healthcake for educational purposes as Medical Experts. The Content is only for the personal, household, and educational use of a single individual or groups of individuals affiliated with nonprofit organizations. No commercial use or commercial redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by Healthcake in writing. By using Healthcake, you agree not to harvest, scrape or otherwise collect any information about our members or doctors for any reason, including but not limited to for sending unsolicited communications, including spam.

Not for Illegal Purposes

Healthcake may not be used for any illegal purposes. You may not access our networks, computers, or the service in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any service, other accounts, computer systems, or networks connected with Healthcake. You may not use any automated means (such as a scraper) to access Healthcake. Such unauthorized access includes, but is not limited to, using another person's login credentials to access Healthcake. Any attempt by any individual or entity to solicit login information of any other user or Healthcake Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

No Advertising

Unlike most health information websites, Healthcake does not display advertising. That means your personally identifiable data is safe and we do not sell it to anyone. We have partnerships with third parties where we permit them to display non-promotional, education only content about health subjects on Healthcake. If anything on Healthcake is every offensive or violates our policy on advertising, users can report it to have it removed. Content with a certain number of reports is removed within 24 hours.

No Copyright, Trademark, or Patent Infringement

Healthcake, the Healthcake logo, other Healthcake trademarks and service marks and other Healthcake logos and product and service names are our trademarks (the "Healthcake Marks"). If you would like to use or display any Healthcake Marks, you must ask our permission. Without our prior written permission, or according to the media use guidelines we publish, you agree not to display or use in any manner the Healthcake Marks. All trademarks, brands, and content on Healthcake are the property of their respective owners.

You agree not to engage in any activity that would constitute copyright infringement with respect to the Healthcake service and related content published on Healthcake. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the related content or any portion thereof without our prior written consent. You may, however, use the service as it is designed and intended to be used.

If you believe any materials accessible on or from Healthcake infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us at mailto:info@healthcake.com.

Exclusions and Limitations

THE SERVICE IS PROVIDED "AS IS." NEITHER WE, HEALTHCAKE MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. HEALTHCAKE AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING HEALTHCAKE AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.

NEITHER WE, HEALTHCAKE MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

NEITHER US, THE MEDICAL EXPERTS ON HEALTHCAKE, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100).

We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any service or related content or other information submitted, transmitted, or received via our service. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of Healthcake, whether by Healthcake or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools withv on Healthcake.

Healthcake, its licensors, its suppliers, or any third parties mentioned on Healthcake are not liable for any personal injury, including death, attributable to or caused by your use or misuse of Healthcake or related content (including member supplied content or Medical Expert supplied Content). Any claims arising in connection with your use of Healthcake or any related content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.

General Terms

• No posting permitted by minors under the age of eighteen
• No posting of offensive content, including spam, harassment, pornography or crime
• No posting of advertising or promotional content

Changes to this Agreement

When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these Terms of Use periodically. Your continued use of Healthcake constitutes your agreement to the changed Terms of Use.