Effective October 19, 2010
ChartMySelf was designed with utmost respect for your privacy and comfort online.
I. Basic Terms
- You must be 18 years or older to use the Services.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must reside in the United States.
- You must provide a valid email address and any other information requested in order to complete the signup process.
- You may only subscribe for yourself, and Your login name is Your email address. Your subscription and login name/email address may only be used by You. A single login name or email address may not be shared by multiple people. You are responsible for maintaining the security of Your account and password. You are solely responsible for any loss or damage arising from or related to Your failure to maintain the security of Your password.
- You are responsible for all data and content You post and activity You conduct on the Website. You may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website; violate any laws in Your jurisdiction (including but not limited to copyright laws and laws relating to spam and unsolicited communications).
- In order to use the Services, you must use a compatible Web browser on any operating system that supports it. A broadband internet connection of 1.0 Mbps or faster is recommended. A list of compatible Web browsers is accessible from the FAQ
You are required to activate Your subscription by clicking the link in Your confirmation email. If the subscription is not activated by clicking the confirmation link in Your email account within one month, Your account and subscription will automatically be terminated.
To view the status of Your account, login to the Web site and go to Your Account Settings page.
If You violate any of the Basic Terms, Healthy Pixels LLC will terminate Your subscription and account.
II. Termination or Cancellation
You are responsible for terminating or cancelling Your account. To automatically and conveniently terminate or cancel Your subscription, please visit Your Account Settings page. and click "Cancel Subscription." You will receive a confirmation within 24 hours if Your request is received and processed. If You do not receive a confirmation within 24 hours, please email Your request to email@example.com or call Healthy Pixels LLC at 949-464-0300.
To request termination or cancellation of Your account by email, send an email request to firstname.lastname@example.org. You will receive a confirmation if Your request is received, in which case, Your termination will be processed. If You do not receive a confirmation within 48 hours, please resend Your request. If You choose not to terminate Your account via e-mail request, or do not receive a confirmation notification via e-mail from Healthy Pixels LLC indicating that it has received Your cancellation request, You must send a written request for cancellation to Healthy Pixels LLC PO Box 5220, Laguna Beach, CA 92652 via U.S. Mail in order to ensure Your cancellation will be processed.
Healthy Pixels LLC reserves the right to terminate Your subscription at any time without cause or notice. If Your subscription has been terminated, You will no longer have the right to use any tools, resources or services available through the Website including the ability to; (a) log on to ChartMySelf; (b) access or edit previously entered data stored through ChartMySelf; and (c) add new dates and data to ChartMySelf.
III. The Services Do Not Offer or Replace Medical Advice
Charts and other material on the Website are for informational and educational purposes only and are not a substitute for medical advice, diagnosis or treatment provided by a qualified health care provider. The Website and the Services provide tools and resources for monitoring Your health and researching information about health, but nothing available through the Website is a substitute or replacement for professional medical advice, diagnosis or treatment. Do not use ChartMySelf to postpone or avoid medical treatment or advice. You use the tools and resources at ChartMySelf.com at Your own risk. Healthy Pixels LLC does not guarantee the accessibility, satisfaction, accuracy, reliability or comprehensive nature of any tools, resources, or information provided.
IV. Content Made Available Through Links
The Website may contain links to other sites on the Internet. Healthy Pixels LLC neither endorses nor is responsible for any content available on these sites. In that regard, Healthy Pixels LLC takes no responsibility for the accuracy of such content and is not responsible or liable, directly or indirectly, for any damage or loss caused by or relating to Your use of or reliance on any such linked content.
V. DISCLAIMER OF WARRANTIES
YOU USE THE WEBSITE AND THE SERVICES AT YOUR OWN, SOLE RISK. ALL INFORMATION, SERVICES, AND CONTENT IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
HEALTHY PIXELS LLC DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. HEALTHY PIXELS LLC, OUR AGENTS, SUPPLIERS, AND DISTRIBUTORS DO NOT WARRANT THAT THE WEBSITE AND THE SERVICES WILL BE COMPLETE, EFFECTIVE, RELIABLE, UNINTERRUPTED, OR MEET YOUR REQUIREMENTS. HEALTHY PIXELS LLC, OUR AGENTS, SUPPLIERS, AND DISTRIBUTORS DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.
HEALTHY PIXELS LLC DOES NOT WARRANT THAT THE SERVICES (INCLUDING CHARTMYSELF) ARE FREE FROM BUGS, ERRORS OR OMISSIONS. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, THE SERVICES, AND CHARTMYSELF.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
VI. Limitation of Liability
Neither Healthy Pixels LLC nor any of its members, officers, affiliates, employees, distributors, licensors, suppliers, or agents shall be liable to You, Your dependents, Your agents, anyone using Your credentials, or any third party for any indirect, incidental, consequential, or similar damages or loss arising out of use of the Website or the Services. This limitation of liability includes any loss of data, profits, savings, goodwill, use, or other intangible losses, arising out of: (1) Your use or inability to use the Website or the Services; (2) the cost of procuring substitute goods and services resulting from or necessitated by Your use of the Website or the Services; (3) unauthorized access to or alteration of Your transmissions or data; 4) statements or conduct of any third party using the Service; or (5) or any other matter arising out of or relating to the Website or the Services. In no event shall Healthy Pixels LLC's total liability to You, Your dependents, Your agents, anyone using Your credentials, or any third party exceed the total amount of subscription fees, if any, that You paid to Healthy Pixels LLC during the period of time in which the event giving rise to the liability occurred.
You agree to defend, indemnify, and hold harmless Healthy Pixels LLC, its managers, officers, employees, and agents from all liabilities, claims, and expenses, including attorneys' fees, that arise from Your use or misuse of the Website or the Services, or any breach of the Terms of Service by You, Your family members, Your agents or anyone using Your credentials. For any third party claims, Healthy Pixels LLC reserves the right to assume exclusive control over the defense and of any matter otherwise subject to indemnification by You, in which event You will cooperate with Healthy Pixels LLC's determination to assert available defenses.
VIII. Electronic Contracting
Your affirmative act of subscribing to any services offered by Healthy Pixels LLC (including the Services) constitutes Your electronic signature to these Terms of Service and Your consent to enter into agreements with us electronically. You also agree that we may send to You in electronic form any privacy or other notices, disclosures, reports, document, communications or other records regarding the Services (collectively, "Notices"). We may send You electronic Notices (1) to the e-mail address that You provided to us during Your subscription, or (2) by posting the Notice on any page of the Website. The delivery of any Notice from us is effective when sent by us, regardless of whether You read the Notice when You receive it or whether You actually receive the delivery. You can withdraw Your consent to receive Notices electronically by cancelling Your subscription.
In order to receive Notices electronically, You must have a personal computer connected to a communications source (telephone, wireless or broadband), and an operating system with an email client and Internet browser. A list of compatible Web browsers is accessible from the FAQ You will need a printer attached to Your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
IX. Reproducing Charts and Copyright Issues
Unless otherwise provided, all copyright in the material on the Website is owned by or licensed to Healthy Pixels LLC.