Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe the legally binding terms for visitors to this Cherish Health website, located at Cherishhealth.com, and all content therein and services provided theref rom (collectively, the “Website”). The Website is owned and operated by Cherish Health. “Cherish Health” is the name we use to refer to our whole business, including Cherish Health, Inc. and any of the companies that it controls, including subsidiaries and affiliates, such as Cherish Health, Ltd. When we use the words “we” or “our,” we mean Cherish Health. Cherish Health may also operate other websites. These Terms of Use do not apply to our other websites. You should review the terms of use posted on these Cherish Health websites when you visit them.

THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THE TERMS OF USE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF USE, YOU MAY NOT ACCESS AND/OR USE THE WEBSITE.

These Terms of Use were last updated on December 14, 2020. Cherish Health reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Cherish Health will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof. These Terms of Use are subject to occasional revision, and if we make any substantial changes, we will notify you by prominently posting notice of the changes on the Website. Any changes to these Terms of Use will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Website. These changes will be effective immediately for new users of the Website. Continued use of the Website 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.

CALL 911 FOR AN EMERGENCY.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

ABOUT THE INFORMATION ON THIS WEBSITE.

Cherish Health is not engaged in rendering medical, healthcare, or other professional advice. The Website may contain information on medical and health-related topics. This information, including any product data, is for informational purposes only and is not intended to describe or make claims about the safety or efficacy of any product. This information is also not meant to be a substitute for the advice provided by your own physician or other medical professional, and you should not use this information for diagnosing or treating a health problem or disease. You should always consult your own physician before undertaking or changing any medical treatment, drug therapy, or healthcare activities. Much of the information on this website relates to products and services offered by Cherish Health. The materials on this website are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your healthcare professional. Cherish Health does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment.

Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional.

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Cherish Health makes no claims concerning whether the content on the Website may be downloaded, viewed, or be appropriate for use outside of the United States.

LICENSE.

Subject to these Terms of Use, Cherish Health grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use.

CERTAIN RESTRICTIONS.

The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms of Use.

NO SUPPORT OR MAINTENANCE.

You acknowledge and agree that Cherish Health will have no obligation to provide you with any support or maintenance in connection with the Website.

OWNERSHIP.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Cherish Health or Cherish Health’s suppliers. Neither these Terms of Use (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in the section entitled “License”. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Cherish Health properties. Cherish Health and its suppliers reserve all rights not granted in these Terms of Use. There are no implied licenses granted under these Terms of Use.

ENFORCEMENT.

We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include reporting you to law enforcement authorities or terminating your license to access and use the Website without prior notice to you.

ACCEPTABLE USE POLICIES.

You agree not to: (i) upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Website any unsolicited or unauthorized advertising, promotional materials, junk mail, or spam, or any harassing or abusive material or any other unlawful material; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; or (v) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data f rom) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials f rom the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

LINKS TO THIS WEBSITE AND USE OF CHERISH HEALTH MARKS.

You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree not to display or use the Cherish Health logo or trademark in any manner without our prior written permission.

LINKS TO OTHER WEBSITES.

The Website may contain links to websites not operated by Cherish Health. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of Cherish Health products or therapies that have not been approved in the United States. We do not approve, control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

YOUR FEEDBACK, COMMENTS AND IDEAS.

While we are pleased to receive feedback, comments and ideas regarding the Website, any information that you submit through the Website will be considered non-personal, non-confidential, and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Website, you hereby grant Cherish Health an unrestricted, royalty-f ree, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Cherish Health is f ree to use them for any purpose. You agree that you will not submit to Cherish Health any information or ideas that you consider to be confidential or proprietary.

NO WARRANTIES.

THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CHERISH HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. CHERISH HEALTH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

CHERISH HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some jurisdictions do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATION OF LIABILITY.

YOU AGREE THAT NEITHER CHERISH HEALTH NOR ANY PERSON OR COMPANY ASSOCIATED WITH CHERISH HEALTH SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OR MATERIALS ON THE WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS CHERISH HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THE WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CHERISH HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL CHERISH HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF CHERISH HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION.

You agree to indemnify and hold Cherish Health (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, f rom any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these Terms of Use, or (c) your violation of applicable laws or regulations. Cherish Health 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 Cherish Health. Cherish Health will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

RELEASE.

You hereby release Cherish Health (and its officers, employees, and agents) and their successors f rom claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises f rom your use of the Website, including but not limited to, any interactions with third-party websites of any kind arising in connection with or as a result of the your use of the Website. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Cherish Health f raud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.

OTHER RULES ABOUT THE WEBSITE.

In addition to the rules in these Terms of Use and the Privacy Statement which is incorporated into these Terms of Use, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in the Website, such as when you purchase enhanced services, or by following a link f rom the Website. Please read our Privacy Statement to learn how we protect and use information that we gather through the Website.

Your obligations under this section and the sections called “Certain Restrictions”, “Ownership”, “Your Feedback”, “No Warranties”, “Limitation of Liability”, “Indemnification” and “Release” will survive termination of these Terms of Use.

The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired f rom Cherish Health, or any products utilizing such data, in violation of the United States export laws or regulations.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Cherish Health harmless against any liability for that harm.

By using the Website, you agree that the only proper jurisdiction and venue for any dispute with Cherish Health, or in any way relating to your use of the Website, is in the state and federal courts in the Commonwealth of Massachusetts, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Cherish Health or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles, and the federal laws of the United States.

QUESTIONS, COMMENTS, AND NOTICES.

Cherish Health may deliver notice to you by electronic mail, a general notice on this Website, or by written communication delivered by First Class U.S. Mail to your address on record with Cherish Health. You may deliver notice to Cherish Health by using the Contact Us feature.