HealthTunes Terms and Conditions
HealthTunes Terms and Conditions
Welcome to HealthTunes® and thank you for choosing our platform! HealthTunes, Inc. owns and operates HealthTunes, a streaming music therapy platform, which includes original compositions from HealthTunes composers, musicians, producers, and sound inventors as well as licensed music owned by third-parties. Binaural beats and/or isochronic tones are embedded into certain music therapies and sound offerings. HealthTunes is based in Los Angeles County, California. These Terms and Conditions (“Terms”) are the online rules and regulations for use of HealthTunes’ platform. By agreeing to these Terms, you agree to abide by all said rules and regulations noted herein. Please read the Terms and Conditions thoroughly and carefully before agreeing to them.
GENERAL INFORMATION
GENERAL INFORMATION
HealthTunes, Inc. owns and operates HealthTunes website (“Website,” “Browser,” “Platform”) located at www.healthtunes.org and HealthTunes application (“App”). HealthTunes (“HealthTunes,” “we,” “us,” “our,” “Platform,” “our Platform”) Terms contain the terms on which we provide content to HealthTunes’ users (“Users,” “You”) and any other services listed on the Website, through the App, and via all other delivery methods containing HealthTunes content, product, or services (“Content,” “Product,” “Services”). Our Platform may be updated from time-to-time, and by registering for HeathTunes or otherwise using any of HealthTunes’ services, including all associated features and functionalities, websites and user interfaces, as well as accessing all content and software applications associated with our services or accessing any music or other content or material that is made available through HealthTunes, you are entering into a binding contract with HealthTunes, Inc.
Content on HealthTunes is the copyrighted and/or trademarked material of HealthTunes or HealthTunes’ third-party licensors and suppliers. You are not authorized to use HealthTunes Content other than outlined in these Terms in any way, shape, or form without the direct, explicit, written consent of HealthTunes and/or said third-party licensors and suppliers. By agreeing to these Terms, you acknowledge that any use of Content without the direct consent of HealthTunes is strictly prohibited.
These Terms apply to all HealthTunes Platforms via any device. The term “device” applies to any device which is used to access HeathTunes’ Platform, Services, and Content, including but not limited to computers, smartphones, tablets, watches, or any other device HealthTunes is distributed on.
When signing up for HealthTunes and agreeing to these Terms, you agree to be bound by these Terms and all applicable laws, rules, and regulations. You also promise that all information provided to HealthTunes, via feedback or user registration information, is true and accurate. All correspondence, including questions, comments, concerns, or any other inquiries you may have regarding your use of HealthTunes’ products or these Terms should be sent to our contact email address at help@healthtunes.org.
At times, HealthTunes may make changes to these Terms. Upon doing so, you will be notified as appropriate, either via email, pop-up, push notifications, or displaying the notice prominently elsewhere on the browser and/or application, and asked to agree to the revised Terms. If you do not agree with the new Terms when they become available, please contact us at help@healthtunes.org to terminate your account.
HealthTunes, Inc. owns and operates HealthTunes website (“Website,” “Browser,” “Platform”) located at www.healthtunes.org and HealthTunes application (“App”). HealthTunes (“HealthTunes,” “we,” “us,” “our,” “Platform,” “our Platform”) Terms contain the terms on which we provide content to HealthTunes’ users (“Users,” “You”) and any other services listed on the Website, through the App, and via all other delivery methods containing HealthTunes content, product, or services (“Content,” “Product,” “Services”). Our Platform may be updated from time-to-time, and by registering for HeathTunes or otherwise using any of HealthTunes’ services, including all associated features and functionalities, websites and user interfaces, as well as accessing all content and software applications associated with our services or accessing any music or other content or material that is made available through HealthTunes, you are entering into a binding contract with HealthTunes, Inc.
Content on HealthTunes is the copyrighted and/or trademarked material of HealthTunes or HealthTunes’ third-party licensors and suppliers. You are not authorized to use HealthTunes Content other than outlined in these Terms in any way, shape, or form without the direct, explicit, written consent of HealthTunes and/or said third-party licensors and suppliers. By agreeing to these Terms, you acknowledge that any use of Content without the direct consent of HealthTunes is strictly prohibited.
These Terms apply to all HealthTunes Platforms via any device. The term “device” applies to any device which is used to access HeathTunes’ Platform, Services, and Content, including but not limited to computers, smartphones, tablets, watches, or any other device HealthTunes is distributed on.
When signing up for HealthTunes and agreeing to these Terms, you agree to be bound by these Terms and all applicable laws, rules, and regulations. You also promise that all information provided to HealthTunes, via feedback or user registration information, is true and accurate. All correspondence, including questions, comments, concerns, or any other inquiries you may have regarding your use of HealthTunes’ products or these Terms should be sent to our contact email address at help@healthtunes.org.
At times, HealthTunes may make changes to these Terms. Upon doing so, you will be notified as appropriate, either via email, pop-up, push notifications, or displaying the notice prominently elsewhere on the browser and/or application, and asked to agree to the revised Terms. If you do not agree with the new Terms when they become available, please contact us at help@healthtunes.org to terminate your account.
MEDICAL DISCLAIMER
MEDICAL DISCLAIMER
The information provided on our site is intended for your general knowledge and is not a substitute for professional medical advice or treatment for specific medical conditions. You should not use this information to diagnose or treat a health problem or disease without consulting a qualified healthcare provider. HealthTunes makes no guarantees and/or claims that the Products provide an absolute physical and/or therapeutic benefit. Please consult your healthcare provider with any questions or concerns you may have regarding your condition.
The information provided on our site is intended for your general knowledge and is not a substitute for professional medical advice or treatment for specific medical conditions. You should not use this information to diagnose or treat a health problem or disease without consulting a qualified healthcare provider. HealthTunes makes no guarantees and/or claims that the Products provide an absolute physical and/or therapeutic benefit. Please consult your healthcare provider with any questions or concerns you may have regarding your condition.
HEALTHTUNES ACCOUNTS
HEALTHTUNES ACCOUNTS
Personal/General HealthTunes Account
You can sign up for a Personal HealthTunes Account (“Personal Account,” “User Account," “Web User”) on the Website or App in the relevant section of the platform. Personal Accounts are general accounts for any member of the public.
On the Browser, you will be required to submit your title (Mr., Mrs., or Ms.), first name, last name, date of birth, and email address. Upon entering the Website, you must go to “Change Settings” to set your password.
After downloading HealthTunes’ App, you will be prompted to enter your email address and password. Once you do so, you will have immediate access to HealthTunes’ App.
You are solely responsible for protecting your username and password information for your account and keeping it confidential. By agreeing to these terms, you acknowledge that you are solely responsible for the accuracy and content of your user information and you agree to keep it up to date.
Supervisor Account
A Supervisor Account (“Supervisor,” “Supervisor Account'') is an account specifically for healthcare providers/practitioners and/or health care payors/plans and is accessible only upon acceptance by HealthTunes. To obtain access to a Supervisor Account, you must register as a supervisor on HealthTunes’ registration page. Upon registering for a supervisor account, HealthTunes personnel team will review the information provided and you will be notified of your acceptance or denial to be a Supervisor on HealthTunes platform. Supervisors can manage accounts, have access to HealthTunes’ professional dashboard, see statistics, optimize patient therapies, and edit music playlists. Upon your acceptance or denial of a Supervisor Account. You will be provided a written statement of your acceptance or denial of a Supervisor Account via email.
You are solely responsible for protecting your username and password information for your account and keeping it confidential. By agreeing to these terms, you acknowledge that you are solely responsible for the accuracy and content of your user information and you agree to keep it up to date.
All Account Holders
By registering for a HealthTunes account, you warrant that you are 18 years of age or older and are legally capable of entering into binding contracts and your use of HealthTunes does not violate any applicable law or regulation.
Minor’s Use of HealthTunes
You must be 18 years of age or older to use HealthTunes’ Products and Services. By signing up as a registered user of HealthTunes, you acknowledge and agree that you are at least 18 years of age, or the age of majority in your providence, territory, or country. If you are not at least 18, you must utilize HealthTunes’ Products and Services under the guidance and supervision of a parent or legal guardian.
Personal/General HealthTunes Account
You can sign up for a Personal HealthTunes Account (“Personal Account,” “User Account," “Web User”) on the Website or App in the relevant section of the platform. Personal Accounts are general accounts for any member of the public.
On the Browser, you will be required to submit your title (Mr., Mrs., or Ms.), first name, last name, date of birth, and email address. Upon entering the Website, you must go to “Change Settings” to set your password.
After downloading HealthTunes’ App, you will be prompted to enter your email address and password. Once you do so, you will have immediate access to HealthTunes’ App.
You are solely responsible for protecting your username and password information for your account and keeping it confidential. By agreeing to these terms, you acknowledge that you are solely responsible for the accuracy and content of your user information and you agree to keep it up to date.
Supervisor Account
A Supervisor Account (“Supervisor,” “Supervisor Account'') is an account specifically for healthcare providers/practitioners and/or health care payors/plans and is accessible only upon acceptance by HealthTunes. To obtain access to a Supervisor Account, you must register as a supervisor on HealthTunes’ registration page. Upon registering for a supervisor account, HealthTunes personnel team will review the information provided and you will be notified of your acceptance or denial to be a Supervisor on HealthTunes platform. Supervisors can manage accounts, have access to HealthTunes’ professional dashboard, see statistics, optimize patient therapies, and edit music playlists. Upon your acceptance or denial of a Supervisor Account. You will be provided a written statement of your acceptance or denial of a Supervisor Account via email.
You are solely responsible for protecting your username and password information for your account and keeping it confidential. By agreeing to these terms, you acknowledge that you are solely responsible for the accuracy and content of your user information and you agree to keep it up to date.
All Account Holders
By registering for a HealthTunes account, you warrant that you are 18 years of age or older and are legally capable of entering into binding contracts and your use of HealthTunes does not violate any applicable law or regulation.
Minor’s Use of HealthTunes
You must be 18 years of age or older to use HealthTunes’ Products and Services. By signing up as a registered user of HealthTunes, you acknowledge and agree that you are at least 18 years of age, or the age of majority in your providence, territory, or country. If you are not at least 18, you must utilize HealthTunes’ Products and Services under the guidance and supervision of a parent or legal guardian.
SUBSCRIPTIONS
SUBSCRIPTIONS
Basic Service
Chosen HealthTunes playlists are provided with a basic account at no charge. HealthTunes chooses which playlists to provide for free and these playlists are subject to change without notice.
Subscription Options
HealthTunes paid subscriptions offer full, unlimited access to all HealthTunes Product and Content, including, but not limited to, the full HealthTunes music library, all medical references used to create HealthTunes’ playlists, and all news regarding HealthTunes. You will only have access to all HealthTunes’ Content as a paid subscriber and your subscription is active. You may access our full library and content by purchasing a subscription from the website and within HealthTunes’ App where allowed. Please note, all sales of HealthTunes Paid Subscription via the Apple App Store are final and no refund will be provided. Your purchase will be subject to Apple’s App Store refund policy and they may not provide for refunds.
You may access HealthTunes complete library via our monthly subscription option (HT_Monthly, 4.99$) or our yearly subscription (HT_Yearly 49.99$).
HealthTunes offers a monthly subscription that is to be paid in monthly installments. A month constitutes 30 calendar days, and you will be billed in advance for your subscription. When signing up for a monthly subscription, you will be required to provide us with your credit card information or other form of payment (“Payment Method”). By signing up for a monthly subscription plan, you authorize HealthTunes to charge your Payment Method on a recurring basis until you cancel your subscription. Cancellation of your subscription must be done prior to the next billing date in order to avoid charges of the next month’s subscription. There are no refunds for partial months. You are responsible for all fees, charges, and taxes incurred. You must notify HealthTunes of any changes to your Payment Method should you wish to make them. If you purchased HealthTunes’ iPhone App and wish to cancel your subscription, please do so directly through Apple or via your iPhone. Please refer to Apple for details on cancelling subscriptions purchased on Apple devices. Should you have questions regarding cancelling your subscription through HealthTunes directly and are able to do so, please email us at help@healthtunes.org.
HealthTunes also offers a yearly subscription plan that is to be paid upfront. At times, we offer a discount for the first yearly subscription. This discount applies to the first year only and is available to first-time users of HealthTunes only. Yearly subscriptions are also charged and paid for upfront, and your Payment Method will be charged on a yearly basis from the date you first subscribe. By subscribing to a yearly subscription, you authorize HealthTunes to charge your Payment Method for both the initial subscription cost and the annual renewal subscription fee. You are responsible for all fees, charges, and taxes incurred. You must notify HealthTunes of any changes to your Payment Method should you wish to make them. You must cancel your subscription before the renewal of the next year’s subscription to avoid billing of the renewal subscription fee. No refunds will be given for partial subscription periods and cancellation is effective at the end of your paid subscription period. If you purchased HealthTunes’ iPhone App and wish to cancel your subscription, please do so directly through Apple or via your iPhone. Please refer to Apple for details on cancelling subscriptions purchased on Apple devices. Should you have questions regarding cancelling your subscription through HealthTunes directly and are able to do so, please email us at help@healthtunes.org.
We reserve the right to change the terms of your subscription or adjust our subscription plans, including pricing, at any time. Any changes to the subscription pricing will be automatically effective at the beginning of the next billing period after the date the change is made. HealthTunes makes changes to our platform and we are able to do so at our sole discretion. You will be provided notice of subscription pricing changes in advance, and by accepting these Terms and continuing to use HealthTunes after said changes are made, you acknowledge acceptance of any change in subscription model and/or subscription pricing. If you do not agree with the changes made, you may cancel your subscription before the change goes into effect. If you have any questions regarding changes to subscription models or subscription pricing, please contact us at help@healthtunes.org.
Access via Code
If you’ve received an access code to obtain access to a Paid Subscription and you create an account using this Code, you are bound to the full Terms and Conditions stated herein and you must comply with said Terms. Once your Code has been redeemed and/or expires and you wish to continue use of HealthTunes, you may purchase full access to HealthTunes’ Content via the Paid Subscription plan noted above.
Promotional codes are not valid with any other offer. Introductory offers are for new users of HealthTunes. Previously registered users are not considered new users and introductory offers will only apply to new users. Promotional codes cannot be used for companies or enterprise clients.
Suspension of Accounts
HealthTunes reserves the right to suspend, remove, and/or terminate your account and use of our Products and Services without prior notice or consent as a result of your fraud or breach of any of the obligations noted in these Terms. Breach of these terms, includes but is not limited to, unauthorized copying, displaying, reproducing, distributing, modifying, performing, transferring, creating derivative works from selling, downloading, or otherwise exploiting HealthTunes’ Content.
Basic Service
Chosen HealthTunes playlists are provided with a basic account at no charge. HealthTunes chooses which playlists to provide for free and these playlists are subject to change without notice.
Subscription Options
HealthTunes paid subscriptions offer full, unlimited access to all HealthTunes Product and Content, including, but not limited to, the full HealthTunes music library, all medical references used to create HealthTunes’ playlists, and all news regarding HealthTunes. You will only have access to all HealthTunes’ Content as a paid subscriber and your subscription is active. You may access our full library and content by purchasing a subscription from the website and within HealthTunes’ App where allowed. Please note, all sales of HealthTunes Paid Subscription via the Apple App Store are final and no refund will be provided. Your purchase will be subject to Apple’s App Store refund policy and they may not provide for refunds.
You may access HealthTunes complete library via our monthly subscription option (HT_Monthly, 4.99$) or our yearly subscription (HT_Yearly 49.99$).
HealthTunes offers a monthly subscription that is to be paid in monthly installments. A month constitutes 30 calendar days, and you will be billed in advance for your subscription. When signing up for a monthly subscription, you will be required to provide us with your credit card information or other form of payment (“Payment Method”). By signing up for a monthly subscription plan, you authorize HealthTunes to charge your Payment Method on a recurring basis until you cancel your subscription. Cancellation of your subscription must be done prior to the next billing date in order to avoid charges of the next month’s subscription. There are no refunds for partial months. You are responsible for all fees, charges, and taxes incurred. You must notify HealthTunes of any changes to your Payment Method should you wish to make them. If you purchased HealthTunes’ iPhone App and wish to cancel your subscription, please do so directly through Apple or via your iPhone. Please refer to Apple for details on cancelling subscriptions purchased on Apple devices. Should you have questions regarding cancelling your subscription through HealthTunes directly and are able to do so, please email us at help@healthtunes.org.
HealthTunes also offers a yearly subscription plan that is to be paid upfront. At times, we offer a discount for the first yearly subscription. This discount applies to the first year only and is available to first-time users of HealthTunes only. Yearly subscriptions are also charged and paid for upfront, and your Payment Method will be charged on a yearly basis from the date you first subscribe. By subscribing to a yearly subscription, you authorize HealthTunes to charge your Payment Method for both the initial subscription cost and the annual renewal subscription fee. You are responsible for all fees, charges, and taxes incurred. You must notify HealthTunes of any changes to your Payment Method should you wish to make them. You must cancel your subscription before the renewal of the next year’s subscription to avoid billing of the renewal subscription fee. No refunds will be given for partial subscription periods and cancellation is effective at the end of your paid subscription period. If you purchased HealthTunes’ iPhone App and wish to cancel your subscription, please do so directly through Apple or via your iPhone. Please refer to Apple for details on cancelling subscriptions purchased on Apple devices. Should you have questions regarding cancelling your subscription through HealthTunes directly and are able to do so, please email us at help@healthtunes.org.
We reserve the right to change the terms of your subscription or adjust our subscription plans, including pricing, at any time. Any changes to the subscription pricing will be automatically effective at the beginning of the next billing period after the date the change is made. HealthTunes makes changes to our platform and we are able to do so at our sole discretion. You will be provided notice of subscription pricing changes in advance, and by accepting these Terms and continuing to use HealthTunes after said changes are made, you acknowledge acceptance of any change in subscription model and/or subscription pricing. If you do not agree with the changes made, you may cancel your subscription before the change goes into effect. If you have any questions regarding changes to subscription models or subscription pricing, please contact us at help@healthtunes.org.
Access via Code
If you’ve received an access code to obtain access to a Paid Subscription and you create an account using this Code, you are bound to the full Terms and Conditions stated herein and you must comply with said Terms. Once your Code has been redeemed and/or expires and you wish to continue use of HealthTunes, you may purchase full access to HealthTunes’ Content via the Paid Subscription plan noted above.
Promotional codes are not valid with any other offer. Introductory offers are for new users of HealthTunes. Previously registered users are not considered new users and introductory offers will only apply to new users. Promotional codes cannot be used for companies or enterprise clients.
Suspension of Accounts
HealthTunes reserves the right to suspend, remove, and/or terminate your account and use of our Products and Services without prior notice or consent as a result of your fraud or breach of any of the obligations noted in these Terms. Breach of these terms, includes but is not limited to, unauthorized copying, displaying, reproducing, distributing, modifying, performing, transferring, creating derivative works from selling, downloading, or otherwise exploiting HealthTunes’ Content.
COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
HealthTunes complies with all copyright laws, including the Digital Millennium Copyright Act (“DMCA”), and we require our users to comply with all copyright and related laws as well. Therefore, users must protect all works that have not fallen into the public domain by not downloading, copying, distributing, or otherwise utilizing in any way Products and Content from HealthTunes. You may not store or share any of HealthTunes Content or Products in any way that would infringe upon copyright laws or intellectual property rights.
Should you feel any Content on HealthTunes is in violation of your intellectual property rights or copyright law, there are aspects of the DMCA that state how to report alleged use of copyrighted materials. Please refer to DMCA for direction. You may not download, distribute, alter, modify, or reproduce in any way, shape, or form copyrighted materials without the express written consent of the owner of said material. HealthTunes reserves the right to terminate your account if it’s to be found that copyrighted material has been utilized in any way that violates copyright laws.
Should you feel HealthTunes has violated any copyright laws, please contact us at help@healthtunes.org.
HealthTunes complies with all copyright laws, including the Digital Millennium Copyright Act (“DMCA”), and we require our users to comply with all copyright and related laws as well. Therefore, users must protect all works that have not fallen into the public domain by not downloading, copying, distributing, or otherwise utilizing in any way Products and Content from HealthTunes. You may not store or share any of HealthTunes Content or Products in any way that would infringe upon copyright laws or intellectual property rights.
Should you feel any Content on HealthTunes is in violation of your intellectual property rights or copyright law, there are aspects of the DMCA that state how to report alleged use of copyrighted materials. Please refer to DMCA for direction. You may not download, distribute, alter, modify, or reproduce in any way, shape, or form copyrighted materials without the express written consent of the owner of said material. HealthTunes reserves the right to terminate your account if it’s to be found that copyrighted material has been utilized in any way that violates copyright laws.
Should you feel HealthTunes has violated any copyright laws, please contact us at help@healthtunes.org.
UNAUTHORIZED USE OF HEALTHTUNES IS PROHIBITED
UNAUTHORIZED USE OF HEALTHTUNES IS PROHIBITED
HealthTunes® and all HealthTunes logos, graphics, products, content, and all other intellectual property are trademarks of HealthTunes and are owned by HealthTunes or our affiliates. All algorithms, coding, intellectual property, logos, copy, and images displayed on HealthTunes’ Content are the property of HealthTunes and their respective owners. You are not permitted to use HealthTunes’ Content without the express written permission of HealthTunes, and you are prohibited from using, copying, or altering any such material. Use of HealthTunes’ logos, graphics, Content, and products is for private use only and may not be used in commercial or public settings unless otherwise authorized by HealthTunes.
By signing these Terms, you understand and agree that all HealthTunes’ Content and Products are the sole property of HealthTunes and our affiliates or third-party licensors, and any unauthorized use of our Content or Product is strictly prohibited. You may not download, copy, reproduce, record, duplicate, sell, download, modify, distribute, transfer, sell, transmit, broadcast, archive, or otherwise exploit any of HealthTunes Content or Products unless expressly permitted by HealthTunes in writing. Unauthorized use of HealthTunes Content in any way, shape, or form is a violation of these Terms and of copyright laws and you may be subject to liability.
You hereby acknowledge that HealthTunes contains third-party Content and said content is the property of third-party licensors. Should you violate any Terms stated herein, our third-party licensors have every right to directly enforce any violation of the Digital Millennium Copyright Act against you to the fullest extent.
HealthTunes® and all HealthTunes logos, graphics, products, content, and all other intellectual property are trademarks of HealthTunes and are owned by HealthTunes or our affiliates. All algorithms, coding, intellectual property, logos, copy, and images displayed on HealthTunes’ Content are the property of HealthTunes and their respective owners. You are not permitted to use HealthTunes’ Content without the express written permission of HealthTunes, and you are prohibited from using, copying, or altering any such material. Use of HealthTunes’ logos, graphics, Content, and products is for private use only and may not be used in commercial or public settings unless otherwise authorized by HealthTunes.
By signing these Terms, you understand and agree that all HealthTunes’ Content and Products are the sole property of HealthTunes and our affiliates or third-party licensors, and any unauthorized use of our Content or Product is strictly prohibited. You may not download, copy, reproduce, record, duplicate, sell, download, modify, distribute, transfer, sell, transmit, broadcast, archive, or otherwise exploit any of HealthTunes Content or Products unless expressly permitted by HealthTunes in writing. Unauthorized use of HealthTunes Content in any way, shape, or form is a violation of these Terms and of copyright laws and you may be subject to liability.
You hereby acknowledge that HealthTunes contains third-party Content and said content is the property of third-party licensors. Should you violate any Terms stated herein, our third-party licensors have every right to directly enforce any violation of the Digital Millennium Copyright Act against you to the fullest extent.
PRIVACY POLICY
PRIVACY POLICY
HealthTunes Privacy Policy can be viewed here or at www.healthtunes.org. Should you have any questions regarding our Privacy Policy, please feel free to contact us at help@healthtunes.org.
HealthTunes Privacy Policy can be viewed here or at www.healthtunes.org. Should you have any questions regarding our Privacy Policy, please feel free to contact us at help@healthtunes.org.
THIRD-PARTY SERVICES
THIRD-PARTY SERVICES
HealthTunes links content from third party services and utilizes third party services, including websites not affiliated with our platform. These third party services may have their own Terms and Conditions, privacy policies, and rules of engagement, which their company, business, or website may be governed by. By agreeing to HealthTunes’ Terms, you acknowledge your understanding and agree that HealthTunes does not endorse these third party websites or services and is not responsible or liable for the actions, conduct, content, features, or behavior of any third party application or device.
HealthTunes links content from third party services and utilizes third party services, including websites not affiliated with our platform. These third party services may have their own Terms and Conditions, privacy policies, and rules of engagement, which their company, business, or website may be governed by. By agreeing to HealthTunes’ Terms, you acknowledge your understanding and agree that HealthTunes does not endorse these third party websites or services and is not responsible or liable for the actions, conduct, content, features, or behavior of any third party application or device.
PRODUCT AVAILABILITY
PRODUCT AVAILABILITY
We do our very best to bring you the best possible product and services at all times, but we cannot guarantee access to HealthTunes will always be 100% fault free. We also cannot guarantee that our products will meet your full expectations. Should you notice any fault while using HealthTunes, please reach out to us at help@healthtunes.org. As we strive to continue to bring you the best service, our Platform may undergo updates, and we are not liable to you if our services are unavailable from time-to-time. Should our Products become unavailable to you, this does not change, alter, or revise the Terms specified under “Subscriptions” noted above and refunds will only be issued under the terms noted herein.
We do our very best to bring you the best possible product and services at all times, but we cannot guarantee access to HealthTunes will always be 100% fault free. We also cannot guarantee that our products will meet your full expectations. Should you notice any fault while using HealthTunes, please reach out to us at help@healthtunes.org. As we strive to continue to bring you the best service, our Platform may undergo updates, and we are not liable to you if our services are unavailable from time-to-time. Should our Products become unavailable to you, this does not change, alter, or revise the Terms specified under “Subscriptions” noted above and refunds will only be issued under the terms noted herein.
USER-GENERATED CONTENT
USER-GENERATED CONTENT
HealthTunes’ users may upload content, such as profile pictures, to our Platform. Any content generated and uploaded by users is not overseen by HealthTunes and is posted at the sole discretion of the user. By agreeing to these Terms, you acknowledge that you have the right to post such content and the content you post does not violate applicable law or intellectual property rights of others. HealthTunes’ allowing users to post content is not an endorsement of such content or endorsement of opinions within content. All content posted by users does not imply any affiliation with said user unless otherwise stated.
You are solely responsible for the content you upload. Should you feel at any time a user’s content is inappropriate or against the law, please contact HealthTunes at help@healthtunes.org. Though you may contact us with complaints regarding user content, HealthTunes is not obligated to remove such content. Any removal of user-generated content is at the sole discretion of HealthTunes. By agreeing to these Terms, you accept that HealthTunes has the right to remove and/or keep any user content at our discretion.
Should any legal claim be brought against HealthTunes for user-generated content you post, you hereby acknowledge that HealthTunes is not responsible whatsoever for the content you post. You will be held solely responsible legally and monetarily for the content you post and hold HealthTunes harmless from and against all loss of expenses, damages, or losses of any kind, including all attorney fees and costs associated with such claims.
HealthTunes’ users may upload content, such as profile pictures, to our Platform. Any content generated and uploaded by users is not overseen by HealthTunes and is posted at the sole discretion of the user. By agreeing to these Terms, you acknowledge that you have the right to post such content and the content you post does not violate applicable law or intellectual property rights of others. HealthTunes’ allowing users to post content is not an endorsement of such content or endorsement of opinions within content. All content posted by users does not imply any affiliation with said user unless otherwise stated.
You are solely responsible for the content you upload. Should you feel at any time a user’s content is inappropriate or against the law, please contact HealthTunes at help@healthtunes.org. Though you may contact us with complaints regarding user content, HealthTunes is not obligated to remove such content. Any removal of user-generated content is at the sole discretion of HealthTunes. By agreeing to these Terms, you accept that HealthTunes has the right to remove and/or keep any user content at our discretion.
Should any legal claim be brought against HealthTunes for user-generated content you post, you hereby acknowledge that HealthTunes is not responsible whatsoever for the content you post. You will be held solely responsible legally and monetarily for the content you post and hold HealthTunes harmless from and against all loss of expenses, damages, or losses of any kind, including all attorney fees and costs associated with such claims.
GOVERNING LAW/JURISDICTION
GOVERNING LAW/JURISDICTION
These Terms are subject to the laws of the State of California, United States of America, without regard to choice or conflicts of law principles.
Further, you and HealthTunes agree to the jurisdiction of the Southern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms and is not subject to mandatory arbitration.
These Terms are subject to the laws of the State of California, United States of America, without regard to choice or conflicts of law principles.
Further, you and HealthTunes agree to the jurisdiction of the Southern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms and is not subject to mandatory arbitration.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
ARBITRATION NOTICE AND CLASS ACTION WAIVER
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE, WHICH WE REQUEST YOU READ CAREFULLY. BY SIGNING THESE TERMS, YOU AND HEALTHTUNES AGREE THAT ALL DISPUTES, OUTSIDE OF CERTAIN TYPES OF DISPUTES NOTED IN THE ARBITRATION CLAUSE, WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND ALL RIGHTS TO PARTICIPATE IN A CLASS-ACTION OR REPRESENTATIVE LAWSUIT ARE HEREBY WAIVED.
A. ARBITRATION
All disputes or claims between you and HealthTunes relating to the Terms and Conditions, Privacy Policy, and through use of our Product as a user of HealthTunes are to be resolved through mandatory binding arbitration, which includes limitations on the right to litigate in court or before a jury or to be a member of a class action lawsuit. By signing this agreement, you agree the Arbitrator alone, who will be a single neutral arbitrator, will have the exclusive power to rule over any claims brought before them by both you and HealthTunes and both you and HealthTunes will be bound by the decisions of said Arbitrator, including damages and relief (including attorney fees) directly related to you and HealthTunes alone.
Exceptions to this agreement include disputes in which either party seeks equitable relief for alleged unlawful use of images, logos, patents, trade secrets, or copyrights. Once you agree to the Terms and Conditions, this Arbitration Agreement applies indefinitely and will be applicable upon termination of your account whether that termination be done by you or HealthTunes.
All Arbitration between either party will be governed by the Federal Arbitration Act and will take place through the American Arbitration Association (“AAA”). By agreeing to these Terms, you agree the Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution arrangement. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
If you decide to file an arbitration claim and the claim is for $10,000 or less, you are responsible for paying the filing fee. HealthTunes will not reimburse you for your filing fee. If your claim is for $10,000 or less, the party initiating arbitration proceedings may choose if the arbitrator alone may make a decision solely based on documentation or if a hearing can be done via telephone. All Arbitration proceedings are to be bound by the AAA Rules. No party will require the other to pay unnecessary travel fees should an in-person Arbitration be necessary. Should an in-person Arbitration proceeding be necessary, and neither party can agree upon location, the assigned arbitrator or arbitration institution will make the final decision as to location. By agreeing to these Terms, you acknowledge that all Arbitration fees and arbitrator compensation will be limited to the fees outlined in the AAA Rules.
Should the Arbitrator deem a claim was brought forth that is frivolous, unfounded, or brought by erroneous purpose, you agree to reimburse HealthTunes accordingly and pursuant to the AAA Rules.
The Arbitrator, after hearing all claims and disputes, considering each claim and dispute, and determining a conclusion, will issue a written decision explaining his or her findings and conclusions. By agreeing to these Terms, both parties acknowledge acceptance of said Arbitrator’s decisions and will not challenge in any way, shape, or form.
Nothing in this Arbitration Agreement requires either party to waive their rights to bring an individual action in U.S. small claims court.
By agreeing to these Terms, you waive your right to a jury trial, unless permitted by law, and you and HealthTunes elect to resolve any said disputes by binding Arbitration as noted above.
You acknowledge and agree not to bring forth a class action lawsuit against HealthTunes, unless permitted under applicable law, and will only bring forth claims as an individual. You may not join others in disputes against HealthTunes. Your dispute or claim is yours solely and will not be combined with any other disputes, unless stated in applicable law.
If you choose not to agree to this Arbitration Agreement and wish to opt-out, you must notify HealthTunes in writing within 30 days of signing this agreement, and include your legal name, address, and email address you signed up with for HealthTunes. Once you notify HealthTunes you wish to opt out, neither you or HealthTunes can force the other into Arbitration. Please send your notice in writing via certified mail to: HealthTunes, Inc., 1800 South Brand Boulevard, Suite 114, Glendale, California 91204.
B. ENFORCEABILITY
If Arbitration is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the Governing Law/Jurisdiction section shall govern any claim in court arising out of or related to these Terms.
THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE, WHICH WE REQUEST YOU READ CAREFULLY. BY SIGNING THESE TERMS, YOU AND HEALTHTUNES AGREE THAT ALL DISPUTES, OUTSIDE OF CERTAIN TYPES OF DISPUTES NOTED IN THE ARBITRATION CLAUSE, WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND ALL RIGHTS TO PARTICIPATE IN A CLASS-ACTION OR REPRESENTATIVE LAWSUIT ARE HEREBY WAIVED.
A. ARBITRATION
All disputes or claims between you and HealthTunes relating to the Terms and Conditions, Privacy Policy, and through use of our Product as a user of HealthTunes are to be resolved through mandatory binding arbitration, which includes limitations on the right to litigate in court or before a jury or to be a member of a class action lawsuit. By signing this agreement, you agree the Arbitrator alone, who will be a single neutral arbitrator, will have the exclusive power to rule over any claims brought before them by both you and HealthTunes and both you and HealthTunes will be bound by the decisions of said Arbitrator, including damages and relief (including attorney fees) directly related to you and HealthTunes alone.
Exceptions to this agreement include disputes in which either party seeks equitable relief for alleged unlawful use of images, logos, patents, trade secrets, or copyrights. Once you agree to the Terms and Conditions, this Arbitration Agreement applies indefinitely and will be applicable upon termination of your account whether that termination be done by you or HealthTunes.
All Arbitration between either party will be governed by the Federal Arbitration Act and will take place through the American Arbitration Association (“AAA”). By agreeing to these Terms, you agree the Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution arrangement. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
If you decide to file an arbitration claim and the claim is for $10,000 or less, you are responsible for paying the filing fee. HealthTunes will not reimburse you for your filing fee. If your claim is for $10,000 or less, the party initiating arbitration proceedings may choose if the arbitrator alone may make a decision solely based on documentation or if a hearing can be done via telephone. All Arbitration proceedings are to be bound by the AAA Rules. No party will require the other to pay unnecessary travel fees should an in-person Arbitration be necessary. Should an in-person Arbitration proceeding be necessary, and neither party can agree upon location, the assigned arbitrator or arbitration institution will make the final decision as to location. By agreeing to these Terms, you acknowledge that all Arbitration fees and arbitrator compensation will be limited to the fees outlined in the AAA Rules.
Should the Arbitrator deem a claim was brought forth that is frivolous, unfounded, or brought by erroneous purpose, you agree to reimburse HealthTunes accordingly and pursuant to the AAA Rules.
The Arbitrator, after hearing all claims and disputes, considering each claim and dispute, and determining a conclusion, will issue a written decision explaining his or her findings and conclusions. By agreeing to these Terms, both parties acknowledge acceptance of said Arbitrator’s decisions and will not challenge in any way, shape, or form.
Nothing in this Arbitration Agreement requires either party to waive their rights to bring an individual action in U.S. small claims court.
By agreeing to these Terms, you waive your right to a jury trial, unless permitted by law, and you and HealthTunes elect to resolve any said disputes by binding Arbitration as noted above.
You acknowledge and agree not to bring forth a class action lawsuit against HealthTunes, unless permitted under applicable law, and will only bring forth claims as an individual. You may not join others in disputes against HealthTunes. Your dispute or claim is yours solely and will not be combined with any other disputes, unless stated in applicable law.
If you choose not to agree to this Arbitration Agreement and wish to opt-out, you must notify HealthTunes in writing within 30 days of signing this agreement, and include your legal name, address, and email address you signed up with for HealthTunes. Once you notify HealthTunes you wish to opt out, neither you or HealthTunes can force the other into Arbitration. Please send your notice in writing via certified mail to: HealthTunes, Inc., 1800 South Brand Boulevard, Suite 114, Glendale, California 91204.
B. ENFORCEABILITY
If Arbitration is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the Governing Law/Jurisdiction section shall govern any claim in court arising out of or related to these Terms.
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY
HealthTunes does it’s best to ensure all Products, Content, and services are created without fault. HealthTunes collaborates with businesses and other platforms at times, and is not responsible for partners, affiliates, or collaborators devices, content, or relayed opinions on their platforms at any time unless otherwise specified. By agreeing to these Terms, you acknowledge to use the Products responsibly and that HealthTunes is not liable for damages or losses should you use HealthTunes in a way other than its intended purpose.
HealthTunes does it’s best to ensure all Products, Content, and services are created without fault. HealthTunes collaborates with businesses and other platforms at times, and is not responsible for partners, affiliates, or collaborators devices, content, or relayed opinions on their platforms at any time unless otherwise specified. By agreeing to these Terms, you acknowledge to use the Products responsibly and that HealthTunes is not liable for damages or losses should you use HealthTunes in a way other than its intended purpose.
THE TERMS HEREIN
THE TERMS HEREIN
These Terms laid out within this document supersede any discussions, correspondence, documentation, or conversations previously had between you and HealthTunes and hereby constitute the whole agreement between us.
These Terms laid out within this document supersede any discussions, correspondence, documentation, or conversations previously had between you and HealthTunes and hereby constitute the whole agreement between us.
HEALTHTUNES CONTACT INFORMATION
HEALTHTUNES CONTACT INFORMATION
Should you have any questions, concerns, or comments regarding these Terms, please contact us at help@healthtunes.org.
If you are a resident of California and wish to have a copy of these Terms electronically mailed to you, please contact us at help@healthtunes.org, or send us a letter at the address noted below.
Thank you for choosing HealthTunes and we hope you enjoy your experience!
HealthTunes, Inc.
1800 South Brand Boulevard, Suite 114
Glendale, California 91204
USA
Should you have any questions, concerns, or comments regarding these Terms, please contact us at help@healthtunes.org.
If you are a resident of California and wish to have a copy of these Terms electronically mailed to you, please contact us at help@healthtunes.org, or send us a letter at the address noted below.
Thank you for choosing HealthTunes and we hope you enjoy your experience!
HealthTunes, Inc.
1800 South Brand Boulevard, Suite 114
Glendale, California 91204
USA