Do you agree to allow Aunt Marthas Health & Wellness to use your personal data?

I consent to allowing Aunt Marthas Health & Wellness to capture and use my personal data. I understand and have read the Terms of Service and understand that I may revoke this consent at any time.

Not-for-Profit Status.  Aunt Martha’s Health and Wellness, Inc. (“Aunt Martha’s”) is a Not-for-Profit organization.  For financial reports or other information, please contact kalewis@auntmarthas.org.

Account Security.  You are responsible for the security of your own password and account and should use caution when accessing your account. You should not share your password or account with any other person.  Please notify us if there is any unauthorized access to your account and contact us if you need your password reset.

Termination of Users.  You acknowledge and agree that we may monitor user activities and information and your conduct on the Online Platforms and, in our sole discretion, terminate a user account, access and/or remove content at any time and for any reason. All accounting monitoring activities will be conducted in accordance with our Privacy Policy. 

Anything You Post on the Online Platforms is Public.  Carefully consider what you post to the Online Platforms and make available to other users.  Information you post to the Online Platforms may be publicly available and you agree that you will not post or otherwise provide any information that you would not want to be publicly available. Specifically, if you choose to share any personal health information, or another individual’s personal health information on the Online Platforms, it will no longer be considered protected under the Health Insurance Portability and Accountability Act (“HIPAA”). 

Acceptable Use Policy.  You agree you will not:

i.  upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or otherwise objectionable, or may expose Aunt Martha’s or its users to any harm or liability of any type;
ii.  intimidate or harass another user through either affirmative or passive means (each user is solely responsible for his or her interactions with other users);
iii.  post photographs or videos of or with someone else unless you have their explicit permission;
iv.  post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity or post topics with the sole purpose of starting a dispute;
v.  disclose personal information about another person or harass, stalk, abuse, or post irrelevant or objectionable material;
vi.  attempt to communicate with users who have expressed the desire that you not communicate with them;
vii.  upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
viii.  upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
ix.  upload, post, email or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation except as specifically allowed by the TOU (posting the same note more than once can be considered "spam" or "spamming");
x.  harvest or collect email addresses or other contact information of other users from the Online Platforms by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
xi.  upload, post, email or otherwise transmit any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xii.  interfere with or disrupt the Online Platforms or servers or networks connected to the Online Platforms, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Platforms;
xiii.  intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law;

xiv. provide medical advice to other users; or

xv.  promote or sell vitamins, medications, health care products or services.
 
Children’s Privacy.  By signing up to use the Online Platforms, you assert that you are 16 years of age or older. The Online Platforms are not directed at children who are under 16 years of age. It is our policy to require that individuals requesting information on the Online Platforms be 16 years of age or older. We reserve the right to terminate any user credentials of any user under 16.  

User Interactions.  We are not responsible for any disputes or disagreements between you and any user you interact with using the Online Platforms.  You assume all risk associated with dealing with other users, including advice, medical or otherwise, that other users may share with you.  You agree to resolve disputes directly with the other user.  You release Aunt Martha’s of all claims, demands, and damages arising from disputes among users of the Online Platforms.  You also agree not to involve us in such disputes.  

Electronic Communication.  By using the Online Platforms, providing personal information through registration on your profile page, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Online Platforms.  If we learn of a security system’s breach, you consent that we may attempt to notify you electronically by posting a notice on or through the Online Platforms or sending an email to you. 

Mobile Messaging Terms.   Our Mobile Messaging is provided by GiveSmart Technologies and Community Brands. To review their terms and conditions, please go to https://www.givesmart.com/mobile-terms-conditions/

Authorization of Use and General Prohibited Uses.  We authorize you to view and download a single copy of content on the Online Platforms, including content from any source solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in the TOU.  You must maintain all copyright and other proprietary notices contained in the Material, as defined in the TOU.

The Online Platforms shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that: i. violates the TOU; ii. infringes upon the intellectual property rights of others or violates other personal rights of others; iii. is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; or iv. violates applicable laws, rules and regulations. You agree that you will not use any robot, spider or other automated device, process, or means to access the Online Platforms, nor will you disrupt or interfere with any material or another’s use of the Online Platforms.

You Give Aunt Martha’s a License to Your Content.  By creating, posting, or sharing your user content on or through the Online Platforms, you grant Aunt Martha’s a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit your user content for any purpose without compensation to you, including for the purpose of promoting Aunt Martha’s and its services.  You waive any rights you may have regarding your content being altered or manipulated in any way that may be objectionable to you.  You also hereby grant each user of the Online Platforms a non-exclusive license to access your content through the Online Platforms.  You also acknowledge that Aunt Martha’s may use anonymized and aggregated data about Online Platform users.  You agree that you will not obtain, as a result of your use of the Online Platforms, any right, title, or interest in or to such content. You represent and warrant that you own, control or otherwise have sufficient rights to the content posted or provided by you on or through the Online Platforms and that your posting does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or other intellectual property rights of others.

Limitation on Liability.  In no event will Aunt Martha’s, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Online Platforms.  To the extent any liability cannot be limited under applicable law, our maximum liability arising out of or in connection with the TOU or your use of Material, regardless of the cause of action, will not exceed $100.

Indemnification.  You agree to defend, indemnify and hold harmless Aunt Martha’s, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the TOU or your use of the Online Platforms.

Waiver and Severability.  No waiver by Aunt Martha’s of any term or condition in the TOU shall be deemed a continuing waiver and shall not prevent Aunt Martha’s from asserting any right under the TOU. If any provision of these TOU is held by a court or other tribunal to be invalid, illegal or unenforceable, the remaining provisions of the TOU will continue in full force and effect.

Linking to the Online Platforms.  You may link to our Online Platforms, provided you do so in a way that does not suggest any form of association, approval or endorsement on our part.