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Terms of Use

Thanks for Visiting the Surround Health Web Site

The www.surroundhealth.net web site (the “Site”) is owned, operated and maintained by HealthEd Academy, LLC which does business as SurroundHealth. We refer to SurroundHealth as the “Company” “we” “us” or “our.” We hope you enjoy using the Site. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of our Site. We hope all of this is clear, but if you have any questions after reading this, please feel free to contact us at Membership@surroundhealth.net. In addition to the lower case words “we” “us” and “our” defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these terms and conditions. These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.

Agreement with Our Terms and Conditions

By using this Site, you agree to accept these terms and conditions, so please be sure to read them carefully. If you do not agree with our terms and conditions, please do not use our Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time. Please check this page periodically for changes. Unless the law requires otherwise, your continued use of our Site following the posting of changes to these terms will mean that you accept those changes.
PLEASE BE ADVISED THAT TO THE EXTENT THAT SURROUNDHEALTH PROVIDES ANY CONTENT FROM THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, OPINIONS AND ADVICE), SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SURROUNDHEALTH CANNOT AND DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THE ITEMS LISTED AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT LISTED.

User Information

In the course of using the Site, you may provide or we may collect information about you. We are committed to protecting the privacy of our members’ information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy incorporated into these Terms and Conditions.

Accessibility

While we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we are committed to making the SurroundHealth website available to all our users, including those with disabilities, and have designed this Site with accessibility in mind. You can help. If you notice any content, feature or functionality of the Site that is not accessible to people with disabilities, please email us at Membership@surroundhealth.net with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement. We can’t promise that we’ll make the changes you suggest, but we can assure you that we will take your input seriously and will consider it as we evaluate ways to accommodate all of our members and our overall accessibility policies.

Restrictions on the Use of the Materials in Our Web Site

While SurroundHealth allows and encourages users of the Site to re-post content or link to our Site, we must place certain restrictions on such actions. You may copy or re-post content or link to the Site, as long as you retain all content in its original form including all SurroundHealth branding and identifications. You may not strip or alter content in any manner. The Site and all of its content are copyrighted materials, protected by U.S. and international copyright laws. The compilation of content on our Site is the exclusive property of HealthEd Academy, LLC and its related companies. Additionally, the names and logos of HealthEd Academy, LLC and its related companies, some of which are listed as follows, are trademarks and/or service marks that are owned or licensed by HealthEd Academy, LLC. The following trademarks and service marks and the designs associated with the marks and logos are registered/applied for with the U.S. Patent and Trademark Office and in some cases also registered in other countries: SurroundHealth, HEALTH ED, HEALTHED ON DEMAND, and other graphics, logos, and service names that are also trademarks and service marks of HealthEd Academy, LLC and its sister companies (HealthEd Academy, LLC and HealthEd Group, Inc.). These trademarks and service marks may not be used by any party other than SurroundHealth without express written consent, except that you are permitted to include any trademarks and service marks that are present in content you are permitted to republish as discussed above. Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners. You agree not to modify any portion of the Site. This restriction includes copying, reproducing, or modifying any names, trademarks and logos which SurroundHealth owns or has the right to use.

Material can be downloaded onto your computer and/or re-posted, provided copyright, trademark, or other proprietary notices are not changed or deleted. Any modification of the materials on our Site will violate our intellectual property rights (and probably the intellectual property rights of some other parties).

Everything you download—any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, remains our property. That means that we retain full and complete title to the software and to all of the associated intellectual property rights. You cannot redistribute or sell the material, or reverse-engineer, disassemble, or otherwise convert it to any other form.

Be aware that sometimes we provide access to other Web sites from our Site. We do not endorse or approve any products or information offered at sites you reach through our Site.

Materials Submitted to Us

We welcome any comments you may have regarding SurroundHealth, our Site, our merchandise, and our services. However, we discourage you from providing any suggestions or ideas that you consider proprietary or confidential. Please note that any comments you submit to us through our Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.

Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.
IT IS IMPORTANT TO REMEMBER THAT COMMENTS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.

  • Content Indemnity. As between you and SurroundHealth, you represent and warrant to us that any material you provide to us is original to you and that no other party has any rights to it including so-called “moral rights.” You also agree to defend, indemnify and hold HealthEd Academy, LLC, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your posting, submitting, publishing or transmitting any materials and/or your breach or violation of the law or of these Terms and Conditions. SurroundHealth reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SurroundHealth’s defense of such claim. In other words, you promise that no other company or person will claim that you stole or are inappropriately using the materials and that if they do, or if you do other things that may make us liable for legal claims for what you do using the SurroundHealth Site, you will legally protect us from that claim and pay any money that might be owed as a result, whether to our lawyers, your lawyers, a court or the other person or company making the claim.
  • Our Right to Use the Materials. By submitting, posting or displaying materials you are automatically granting, and hereby do grant to HealthEd Academy, LLC, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate) such materials in all forms and media in connection with the SurroundHealth Site (the “License”) to the extent such materials are not owned by us pursuant to the preceding paragraphs. This means that our right to possess, use and display the materials anywhere and through any means the Internet allows will never expire, that we will never owe you any money for it and that we may allow others to use or possess the materials, for instance to host the SurroundHealth Site for us or if we were to sell or re-organize our business. In the event that we wish to make modifications to materials you submit, we will endeavor to contact you before making such modifications. If you remove the materials from the SurroundHealth Site, however, we will try to ensure that it no longer appears on the Site and is removed from our internal systems and no longer used. We will also do our best to make sure any company or person that we might give the materials to follows the same rules and procedures we do.
  • Right to Monitor and Editorial Control. SurroundHealth reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions, SurroundHealth policies or applicable law. We may also impose limits on certain features of the SurroundHealth Site or restrict your access to part of or the entire Site without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, these Terms and Conditions or applicable law, or for any other reason without notice or liability.
  • Copyright Agent; Repeat Infringers. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the SurroundHealth Site infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. SurroundHealth maintains a policy that provides for the termination in appropriate circumstances of Site use privileges of users who are repeat infringers of intellectual property rights. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices for the Site should be sent to:

Via electronic mail at:
Membership@surroundhealth.net

Via regular mail at:
HealthEd Academy
100 Walnut Avenue, Suite 407
Clark, NJ 07066
908-654-4440

Prohibited Conduct

Any conduct by you that in SurroundHealth’s sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use our Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or SurroundHealth. You alone are responsible for the content and consequences of any of your activities.

Disclaimer and Limitation of Liability

THE SITE CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURROUNDHEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY.

SURROUNDHEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITE OR ANY OTHER WEB SITE TO WHICH YOU HYPERLINK FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

THIS SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SURROUNDHEALTH THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.

Jurisdiction

Unless otherwise specified, the materials in our Site are presented to provide information about SurroundHealth, its products and services offered for sale and to provide related services and information to visitors.

SurroundHealth’s corporate headquarters are located in Clark, New Jersey. We in no way imply that the materials on our Site are appropriate or available for use outside of the United States. If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export laws and regulations.

Additional Points about the Terms and Conditions of this User Agreement

These terms and conditions and the agreement they create, shall be governed by and interpreted according to the laws of the State of New Jersey (without applying the State’s conflict-of-law principles). SurroundHealth reserves the right to bring any civil action in New Jersey, arising from your violation of the terms and conditions of this Agreement.

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. SurroundHealth may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

SurroundHealth is a registered trademark of HealthEd Academy, LLC — a company dedicated to fostering research and development in
health education.
©2011–2017 HealthEd Academy, LLC. All rights reserved.