Terms of Use & Privacy Policy

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Terms of Use

The following terms of use (“Terms of Use”) is an agreement between you, the user (“User”), and Health Union, LLC, a Delaware limited liability company, governing your use of Migraine.com, including any subdomains, blogs, embedded code or objects, or any web services (collectively, “Migraine.com” or “Site”). Hereinafter, “Health Union” (or “we”) shall mean Health Union, LLC, and all parents, subsidiaries, intermediaries and affiliates thereof and all the officers, directors, Editorial Board Members (as defined in the Editorial Policy), board physicians, shareholders, employees and agents thereof.

IMPORTANT: Only your doctor can decide which medications are right for you. Never stop, start or change the way you use a prescription medicine without first consulting your doctor.

By using Migraine.com you agree to comply fully with the Terms of Use of this Site as described herein. If you do not comply or agree with the Terms of Use of the Site you may not use, access, view or benefit from any information or services of this Site. Health Union may update the Terms of Use from time to time without notice to you. Your continued use of the Site will constitute your acceptance of such updates.

Last updated: June 4, 2012.

General Terms of Use

Migraine.com DOES NOT PROVIDE MEDICAL ADVICE. The information contained on this Site should never replace a doctor’s advice and recommendations. Your healthcare provider is the best resource to consult regarding what is best for you and your medical condition. If you have an emergency, call 911 or contact your doctor immediately. Reliance on (a) any content provided by Migraine.com or (b) any comments made by third party users of the Site, is solely at your own risk and is not recommended.

Migraine.com is for personal use only. You may not copy, reproduce, republish, sell or otherwise profit from the information found on Migraine.com for non-personal use, or redistribute the information for non-personal use.

Migraine.com is only for individuals ages 13 years or older. Additionally, if you are under 18, you may only use the Site under adult supervision, which adult is solely responsible for your conduct on this Site. If you are 13 years of age or under you should leave this site immediately.

Migraine.com is only intended for and is only suitable for United States residents. If you do not live in the United States, the information on this site does not apply to you.

Intellectual Property

The term “Content” shall mean all copyright, designs, the “look and feel” of the Site, trademarks, and all other intellectual property rights including software and all HTML and other code contained in or run by this Site and all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, rich media, including Flash and Silverlight, images, sounds, music, video, or audio files on this Site. You acknowledge and agree that all Content shall remain at all times vested in Health Union and/or are the property of their respective owners. All such Content is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized herein by Health Union and/or its third party licensors. Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact our Copyright Agent at contact@migraine.com with “Copyright” in the subject.

Limitation of Liability

Health Union is not responsible or liable to you or anyone else for any loss or injury or indirect, incidental or other damages under any theory, including contract, negligence, or strict liability, arising out of the use of the Site or Content or the use of your information by Health Union or the Site, or the unavailability of the Site or Content.

Disclaimer of Warranties

YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. THE SITE, ALL CONTENT, SERVICES, AND INFORMATION IS MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

HEALTH UNION MAKES NO REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SUITABILITY FOR ANY PURPOSE OF PRODUCTS, SERVICES AND INFORMATION AVAILABLE THROUGH THIS SITE.

IN NO EVENT SHALL HEALTH UNION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTH UNION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM HEALTH UNION’S NEGLIGENCE OR GROSS NEGLIGENCE.

FURTHER, HEALTH UNION DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE.

WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DO NOT WARRANT THAT THE FUNCTIONS, MATERIALS OR CONTENT IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. ADDITIONALLY WE DO NOT WARRANT THAT SITE WILL REMAIN FREE OF VIRUS OR OTHER HARMFUL COMPONENTS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR PERMIT THE EXCLUSION OR LIMITATION OF CERTAINS WARRANTIES; HEALTH UNION’S LIABILITY IN THESE JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Websites and Information

As a convenience to you, the Site provides links to other websites and sources of information (“Out Links”). In no circumstances is Health Union liable or responsible for the content contained or associated with any third party website. Health Union does not monitor or necessarily agree or know to be accurate any content contained or associated with any third party website. By clicking on an Out Link, you agree that Health Union shall not be liable, directly or indirectly, for any damage or actions caused or alleged by or in connection to the use of any Out Link.

Advertising Policy

From time to time Health Union accepts responsible advertising from external advertisers. Additionally, Health Union may run “internal ads” which are advertisements for Health Union offerings such as specific Migraine.com features, mobile apps or other Health Union websites. Whether from an external advertiser or from Health Union, all advertising on Migraine.com is clearly identified and surrounded by clearly viewable statements such as “ADVERTISEMENT,” “SPONSORED LINKS,” “SPONSOR RESOURCE CENTER” or other such distinctions. Health Union does not review or approve content in external advertisements, and external advertisers are solely responsible for their advertisements. When clicking on an external ad or entering a “sponsored page” you agree that Health Union shall not be liable, directly or indirectly, for any damage or actions caused or alleged by or in connection to the use of these links and content; or for use of the advertised product/service.

Because Migraine.com is intended for US audiences only, many of our external advertising campaigns are restricted to US audiences only.

User Participation / Terms of Conduct

At Migraine.com, we welcome patients’, caregivers’ and others’ thoughts, comments and experiences via our interactive forums, which include blogs, forums and reviews.

When contributing content to Migraine.com, you acknowledge and warrant that you own or otherwise control all of the rights to the content that you contribute; that the content is accurate and non-confidential; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Health Union or its affiliates for all claims resulting from content you supply. It is strictly forbidden to post any comment or any type of media that includes or stimulates, hate, abuse, race, pornography, political views, etc.

Health Union reserves the right to review, verify or monitor all activity and the accuracy of the information that you post. By contributing content, of any type, you grant to Health Union the perpetual, worldwide, irrevocable right to use or reproduce that content without attribution or compensation to you. Health Union reserves the right to remove, without warning or notice to the user, any content that Health Union believes, in its sole discretion, is unfit for Migraine.com. This includes posts that are deemed to be overtly commercial in nature.

IMPORTANT INFORMATION WHEN PARTICIPATING IN OUR FORUMS AND BLOGS.

Please note that posts to Migraine.com forums and blogs are viewable by the public and discoverable by search engines. When using our forums and blogs, some of your personally identifiable information (only if provided provided by you) such as your first or last name, might be displayed, making your information no longer private. Please bear this in mind when creating a user name and when posting using a first and/or last name.

User Contributed Content

The opinions expressed in Migraine.com’s user-generated content, such as forums, blogs, reviews, ratings and other areas of the site are solely those of the authors, who may or may not have medical or scientific training.

These opinions and comments do not represent the opinions of Health Union and do not go through our editorial board or our Editorial Policy. Migraine.com does not assume liability for any of the user-generated content on the website. In some instances, opinions and comments may contain information about treatments or uses of prescription drugs that have not been approved by the U.S. Food and Drug Administration. Migraine.com does not endorse or encourage the use of non-FDA approved products, services or treatment.

Migraine.com reserves the right to remove user-generated content that is deemed to be offensive or irresponsible.

Although the information you might find in the user-generated areas of Migraine.com might be useful to readers, the user-generated content should not be used to replace the physician-patient relationship and should not be viewed as medical advice. Do not stop taking your medication or change your treatment plan without talking to your doctor first. If you think that you require a medical emergency call your doctor or dial 911 immediately.

Disputes

You expressly agree that any dispute arising out of or in connection with the Site, its Content or these Terms of Use shall be decided in accordance with the laws of the State of New York without giving effect to any choice of law rules. You expressly consent to the exclusive jurisdiction of the state and federal courts sitting in the State, City and County of New York and hereby waive any objection to jurisdiction and venue in such courts.

Privacy Policy

At Health Union we take your privacy seriously. We protect your information by encrypting all your personally identifiable information.

Health Union’s Privacy Policy has been established to help consumers understand the information we may collect or gather when you use and visit Migraine.com. By using or visiting the site you agree to comply with the Terms of Use and certify that you have fully reviewed and understand the Privacy Policy of Migraine.com.

Keep in mind that the Privacy Policy applies only to Health Union-owned and -operated sites but does not apply to other websites that we may link to, third party links or advertisements. In the event Health Union merges or is purchased by another company you agree that some of your personally identifiable information may be shared with the new entity.

Currently we are using Google Analytics to analyze the audience of the website and improve our content. No personal information is collected from Google Analytics. For further information on the privacy policy concerning Google Analytics, please go here,
http://www.google.com/intl/en_uk/analytics/privacyoverview.html

Health Union may change this Privacy Policy from time to time and may make such changes, which will become effective immediately, at any time without notice to the User. We encourage our Users to visit this page and the Terms of Use on a regular basis.

Information Gathered

It is important for you to understand that it is not mandatory for you to provide your personally identifiable information and other possible information about you to use or visit Migraine.com. We will not collect your personally identifiable information unless it has been clearly provided by you. If you decide to sign up to any tools (newsletters, alerts, participate in games, polls, sweepstakes or other activities, participate in forums or blogs, [migraine tools], etc), you will need to provide your personally identifiable information to us along with your clear consent for us to use it. We may provide, only with your approval, a limited amount of your personally identifiable information, such as your email or mailing address, with our partner or sponsors.

As we do not control third party websites to which we provide links, the collection and use of your personally identifiable information by such websites shall be subject to the policies and procedures of those third party websites.

We may also gather some non-personally identifiable information about you during your use or visit to the site via cookies (small text files that identify your computer) or web beacons (code that measures how many people are using our Migraine.com and selected sponsor areas). You can be sure that no personally identifiable information will be collected from you without you voluntarily providing it to us.

What We May Do With the Information We Gather

We collect data (zip code, age, gender, preferences) at an aggregate level (non personal information and at a mass level) to evaluate the quality of the information we provide on the Site. We also provide relevant information at an aggregate level to potential sponsors, advertisers and other relevant third parties. In these instances we do not provide these third parties with any personally identifiable information.

Health Union may use the services of a third party company to serve advertisements and collect some data on the site. If you provide the sponsor or advertiser your information, remember that the privacy policies of these third parties apply.

Health Union believes in providing you with an optimal experience and may use the data provided through your cookies or web beacons to display advertisements or content that match your preferences.

Health Union will not share or sell to third parties, without your permission, your personally identifiable information except as noted within this policy

Although unlikely, if we are requested by government agencies or required by law to disclose your personally identifiable information, we will comply with those requests.

Your Cookies Preferences

You always have the option to set your browser cookies setting as you wish. You can at any time decide to delete all cookies on your computer. It is important for you to know that for an optimal use of Health Union operated sites, your browser should accept cookies, as it will enable us to provide you an optimal experience.

Protection of Children

As clearly stated in our terms of use, this site is not intended to attract children. If you are 13 years of age or under you should leave this site immediately. We do not collect any data for anyone under the age of 13 years of age.

Opt Out

You can decide to opt out and remove your personally identifiable information at any time. You can opt out by logging to your account and click on “manage my account” or at the bottom of any electronic communication coming from us or by sending us an email.

Contact Us

If you have any questions, concerns, regarding your privacy or our Privacy Policy you can contact us at contact@health-union.com

Contact us

For General inquiries

Email us at contact@health-union.com or call us at 484-985-9715

For Marketing Opportunities

Email us at contact@health-union.com or call us at 484-985-9715

For all other inquiries (link to us, editorial question, etc.)

Email us at contact@health-union.com or call us at 484-985-9715

Written Correspondence can be sent to:

Health Union, LLC
1 International Plaza
Suite 550
Philadelphia, PA 19113

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