Terms and Conditions of Use of Feelalike.com, which is operated by FeelAlike, LLC.
Acceptance and Use Of Feelalike Terms and Conditions
Your access to and use of Feelalike.com (hereafter "Website"), which is owned and operated by FeelAlike, LLC (hereafter "Feelalike"), is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Credit Card Details
Feelalike does not ask you for Credit Card details. We recommend that you never share your Credit Card details with anyone on the Website via groups, stream posts and so forth.
Change of Use
Feelalike reserves the right to:
1) Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Feelalike shall not be liable to you for any such change or removal
2) Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
This Website may include links to third party websites that are controlled and maintained by outside parties. Any link to another website is not an endorsement of such website and you acknowledge and agree that Feelalike is not responsible for the content or availability of any such site.
1) All copyrights, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Feelalike or otherwise used by Feelalike as permitted by law.
2) In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. The only exception allowed by this policy being the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
Disclaimers and Limitation of Liability
1) The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2) To the extent permitted by law, Feelalike will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
3) Feelalike makes no warranty whether express or implied that the functionality of the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server(s) that makes it available are free of viruses or anything else which may be harmful or destructive.
4) Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Feelalike for death or personal injury as a result of the negligence of Feelalike or that of its employees or agents.
The contents of this Website do not constitute advice (medical, legal, or otherwise) and should not be relied upon in making or refraining from making, any decision. All information is for emotional support or general educational purposes only. It is not a substitute for professional medical advice or treatment. It is not intended to gauge the state of your health, or be used to diagnose, address, alleviate, remedy, or prevent any condition, disorder or disease. Reliance on any information on this Website is solely at your own risk.
Feelalike Does Not Provide Professional Health Care
Feelalike is simply a medium intended to connect people with similar health experiences for support and general educational purposes only. Feelalike does not consider itself to be a health care provider, a health care clearinghouse, or a health plan (referred to by HIPAA as "Covered Entities" with regard to patient privacy). Feelalike is similar to any other medium of communication (blog, social network, chat room, email service) where health information can be shared without qualifying the operator of that service as a supplier of health care. Comments, data points, community recommendations and other content produced by the Feelalike team and/or community do not represent medical advice or professional health care (i.e. preventive, diagnostic, rehabilitative, maintenance, or palliative care, or counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of an individual or that affects the structure or function of the body). However, even though it is our opinion that HIPAA requirements do not apply to this Website (such as those pertaining to "protected health information" with respect to "Covered Entities"), we have nonetheless reviewed the HIPAA requirements, appointed an internal security adviser to review our policies and practices, and intend to comply with the HIPAA requirements to the best of our ability.
Feelalike would like to express appreciation and attribution to FatCow.com (Free Icon Page on FatCow.com ) for many of the icons used on the Website under the Creative Commons Attribution 3.0 License.
You agree to indemnify and hold Feelalike, its members, employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Feelalike arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Membership and use of the Website is currently free and we intend to adopt a business model allowing it to be perpetually free. However, Feelalike does reserve the right to change the terms of this Agreement periodically and pursue a fee based membership business model and/or provide additional optional services for a fee, if we in our sole discretion so choose.
These Terms and Conditions shall be governed by and construed in accordance with the law of Delaware, USA and you hereby submit to the exclusive jurisdiction of Delaware, USA courts.
Term Definition: Communication Media
Regardless of their visibility settings, the following Website features will be collectively referred to as "Communication Media":
- Profile and Group Streams
- Group Discussion Threads
- Personal Profiles (Info, Health, Lifestyle Details, etc.)
Not Medical or Professional Advice
Like many social networks, our Website is not moderated. All information, whether submitted by a medical professional or not, should be used for general educational purposes only. The information contained on the Website is not intended, whether directly or by implication, to be a substitute for professional medical advice relative to your specific medical condition. Feelalike provides no assurance, implied or otherwise, that content shared via Communication Media is or has been reviewed or verified to be trustworthy, free from harm, competent, or dependable. You should always recur to your personal physician or other competent health official to discuss details, pose questions, or discuss courses of treatment for your personal medical case.
If you think you may have a medical emergency, call 911 (in the USA) or your healthcare provider immediately!
IF YOU FEEL THREATENED
If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Feelalike reserves the right to deactivate or delete any member account for any violation of these Terms and Conditions or for any abuse which Feelalike, in its sole discretion, will determine warrants the action. A deletion notification may be sent to the email address listed on the member's account.
Honesty and Interested Parties
You certify that the information provided in your profile and elsewhere throughout the site is true to the best of your knowledge. You agree not to misrepresent your health experiences, treatments tried, treatment ratings and so forth. By using this site you acknowledge that you have no interest in selling a given product or service that you also include on your profile and/or discuss with other members via Communication Media. The discovery of a commercially or otherwise interested party on our Website is grounds for immediate removal unless that interest is clearly communicated to, and approved by, Feelalike. Send notifications of interest to support (at) feelalike (dot) com.
You agree that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party to any Communication Media. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted Feelalike a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form or format now known or hereafter developed. Feelalike may sublicense its rights through multiple tiers of sublicenses.
In cases where you believe a person(s) has breached these Terms and Conditions, please contact Feelalike IMMEDIATELY. Do not attempt to contact the person yourself and do not post derogatory comments via any Communication Media of the Website.
Liability and Responsibility
Feelalike (its officers, directors, employees, affiliates, agents, attorneys, representatives etc.) makes no endorsement of any particular product or treatment, makes no representations, and assumes no liability in relation to any content, opinions, comments, e-mail addresses, and/or computer viruses which may be transmitted via any Communication Media.
If you use any Communication Media on this Website, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications received or viewed via Communication Media.
In no event will Feelalike, its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through this Website. You will hold Feelalike its members, officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.
By submitting content of any format (text, images, etc.) via Communication Media, you agree that such contribution is not secret, confidential or classified, and unrestricted for all purposes. You agree to allow Feelalike and all other persons or organizations involved in the operation of this Website the right to transmit, monitor, aggregate, retrieve, store, and use your information in connection with the operation of this Webite.
Rules for Posting Content via Communication Media
Communication Media, which include all areas of this Website where members may post or share content, are for the exchange of information and support ONLY. In consideration of being allowed to use our Communication Media, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Creating an account and posting questions or comments by persons under 13 years of age.
2. Posting full or last names, e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities.
3. Using a Communication Media for any purpose in violation of local, state, federal, or international laws;
4. Posting material that violates the copyrights, trademarks, patents or other intellectual property rights of others or on the privacy or publicity rights of others
5. Posting material that is unlawful, harassing, derogatory, slanderous, defamatory, threatening, obscene, abusive, hateful, or embarrassing to any other person or entity as determined by Feelalike in its sole discretion.
6. Posting advertisements or solicitations of business.
7. Posting chain letters or promoting pyramid schemes.
8. Impersonating another person or entity.
9. Registering under more than one name and/or e-mail address without explicit written permission from Feelalike.
10. Distributing viruses or other harmful computer code.
11. Harvesting or otherwise collecting information about others, including email addresses, without their consent.
12. Allowing any other person or entity to use your identification for posting or viewing comments.
13. Posting the same content more than once or "spamming".
14. Engaging in any other conduct that restricts, inhibits or discourages any other person from using or enjoying Communication Media or the Website, or which, in the judgment of Feelalike, exposes Feelalike or any of its affiliates to any liability or detriment of any type.
15. After receiving a warning, continuing to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed (unless it is clear the thread is free-form).
Enforcement of the Rules
Feelalike reserves the right (but is not obligated) to do any or all of the following:
1. Record posts made via Communication Media.
2. Investigate any communication alleged to be in violation of our Terms and Conditions and delete, archive or request the deletion of the communication as Feelalike in its sole discretion deems fit.
3. Remove messages, posts, or status updates which it determines, in its sole discretion, to be illegal, harmful, disruptive, dangerous, abusive or that otherwise fail to conform to these Terms and Conditions.
4. Terminate a member's access to this Website upon any breach of any of these Terms and Conditions.
5. Terminate a member's access to this Website if the member's e-mail address is no longer valid.
6. Monitor, edit, or disclose (if required by law for example) any communication sent via Communication Media.
7. Edit or delete any communication sent or posted via Communication Media, regardless of whether such communication violates these standards.
Feelalike reserves the right to take any other action it deems necessary to protect the personal safety of our members or the public.
Notice and Takedown Procedures / Copyright Agent
If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Feelalike's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement certifying that the information that you have provided is truthful, and stating that "under penalty of perjury," you are either the owner of the copyright owner or are authorized to act on behalf of the copyright owner.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Feelalike's agent for copyright issues relating to this web site is as follows:
In an effort to protect the rights of copyright owners, Feelalike maintains a policy for the account termination, in appropriate circumstances, of members of this Website who infringe copyrights repeatedly.
You are responsible for using care in determining when and to whom you will disclose your log-in credentials. Also, you assume sole responsibility for the actions and disclosures resulting from authorized or unauthorized access to your Feelalike account as a consequence of your log-in credential disclosure. If, for any reason, your log-in credentials need to be changed, notify Feelalike as soon as possible.
Passwords stored by Feelalike on our servers are intentionally saved in a non-retrievable format for security purposes. We are unable to retrieve or disclose your stored password to you or anyone else for any purpose.
Changes and Contact Information
If we decide to change our Terms and Conditions, we will post those changes on this page, and/or update the modification date below.
These Terms and Conditions were last modified on August 28th, 2012