Effective March 1, 2024

The following terms constitute an agreement between you and Healthful Data, Inc. (“HDI” and HealthfulData), the operator of www.JoinHealthful.com and HealthfulData.com (the “Sites”). This agreement governs your use of the Site, both as a casual visitor, as a registered member (“Member / Site User”), or as a respondent to a Healthful Assessment™(“Respondent”) as described below.
By accessing or using the Site, you agree to be bound by the terms of this Agreement (“Terms of Use” and “Services”). To the extent you register on the Site as a Member / Site User or become a Respondent to our Healthful Assessment™, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to Member / Site Users and Respondent shall apply to you too.

No Emergency Services

You cannot contact emergency services through the Sites. There is no 24/7 monitoring available through JoinHealthful.com or JoinHealthful.com and HealthfulData.com. In the event of an emergency, or if you require a physical examination, or if you have a condition that requires urgent medical advice, diagnosis, or treatment, please dial 911 on your telephone or seek care from your local emergency room.

Member / Site User Eligibility

To become a Member / Site User and access the area on this Site reserved for Member / Site Users (the “Member / Site User Area”), HealthfulData requires that you are either a (a) diagnosed patient of the particular illness for which you are providing Content or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to contribute such content, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to contribute or (e) guest as authorized by a HealthfulData employee.
Children under the age of 18 are prohibited from registering as Member / Site Users. By becoming a Member / Site User you represent that you are age 18 or older and a resident of the United States of America.

This Site Does Not Provide Medical Advice

All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. HealthfulData does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by HealthfulData, by persons appearing on the Site at the invitation of HealthfulData, or by other Member / Site Users is solely at your own risk.
Our Sites are intended for informational purposes only. The outputs from our Sites may include content, text, data, graphics, images, photographs, audio, video, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Sites, including, without limitation, outputs provided in direct response to your inputs (“Outputs”). Outputs are based on general health information for the general population and do not constitute, and are not intended for use as or as a substitute for, medical advice, diagnosis or treatment. The outputs are responsive to information entered, but are not personalized to you and do not diagnose any condition you may or may not have. You should always talk to a qualified medical provider about any questions you may have about a medical condition, symptoms, or your health. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding your symptoms, health or a medical condition, and before starting, stopping or modifying any treatment, medication or care plan or making any other medical decisions. Any decisions you make affecting your health should always be made in consultation with a medical provider, and not on the basis of our Sites or their Outputs. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Sites. You acknowledge that your use of our Sites do not create a medical provider-patient relationship or constitute the practice of medicine or provision of medical care. You acknowledge that you are responsible for consulting with a medical provider whether or not any Outputs suggest seeking further medical advice. Certain features within the Symptom Checker may provide the option to locate hospitals, urgent care facilities, emergency services, or pharmacies. These services are provided by a third-party application and are for planning purposes only. Information from the third-party services may differ from actual conditions or your location at the time of service, and therefore, may not be suitable for your specific situation. It is your responsibility to exercise independent judgment when using these services to ensure that the services are suitable for your specific situation and are safe for end users and other third parties.

EPHI RISK ACCEPTANCE

If you sign up to receive electronic protected health information (ePHI) via email or push notifications, you accept certain risks, including transmission to the wrong recipient or interception and access by a third party, which may result in harm to you. It is your responsibility to configure your device settings appropriately if you do not wish to receive email /or push notifications that may contain ePHI. You may opt-in or opt-out at any time to receive these types of communications.

No International Use

The Sites are intended for users located within the United States. We make no representation that the Sites are appropriate or available for use outside of the United States. Access to the Sites from countries or territories or by individuals where such access is illegal is prohibited.

Acceptable and Lawful Use of Site by Member / Site Users

Member / Site Users, Respondents, and others visiting JoinHealthful.com and HealthfulData.com shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Member / Site Users may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All Member / Site Users, Respondents, and others visiting JoinHealthful.com and HealthfulData.com represent and warrant that the information they provided when registering as a Member / Site User, and all information that they subsequently provide regarding themselves, is true and accurate and not misleading.

All users of the site confirm that they will in no way attempt to earn Healthful Coins (HCs) in a manner that is inconsistent with the purpose of the site, namely legitimate education. For example, a user taking an assessment or participating in other “HC-eligible” earning activity as provided by the site repeatedly to earn excessive HCs will be banned from the use of our platform. This includes repeatedly viewing videos or other learning center content for the express purpose of earning HCs. In particular, any “speeding” through content to earn HCs will result in being banned from our site. Speeding is defined as participating in an HC-eligible earning action via our platform (thrive.joinhealthful.com) such that a reasonable user could not possibly be thoughtfully participating in the action. Such misuse of the platform will be deemed to undermine our legitimate approach to helping individuals get to better health. Healthful Data, Inc. reserves the right to ban any user for perceived misuse of the platform, speeding, or otherwise attempting to harvest or farm HCs with the express purpose of illegitimately collecting HCs and Healthful Rewards.

Member / Site User and Respondent Content Copyright, Royalties, and Commercial Use

By contributing content to JoinHealthful.com and HealthfulData.com, all Member / Site Users, Healthful Assessment™ Respondents, and others visiting JoinHealthful.com and HealthfulData.com agree and are legally bound to recognize that all such contributed content will be 100% owned by Healthful Data, Inc. Copyright shall be owned, without limitation, by Healthful Data, Inc. Credits in all contributions will read “© Healthful Data, Inc.” unless specified otherwise in written advance signed agreement by both the Member / Site User and Healthful Data, Inc. Royalties from the publication of any content provided by the Member / Site User to JoinHealthful.com and HealthfulData.com and from the disposition of any subsidiary rights therein (including but not limited to films, television and merchandising) shall be 100% owned by Healthful Data, Inc. All original content provided by the Member / Site User, and the proceeds from the sale of such original content, shall remain the sole property of Healthful Data, Inc.
Any and all materials (which shall be treated as set forth in other provisions of this Privacy Policy and our Terms and Conditions of Use), including without limitation assessments, surveys, quizzes, physician responses, suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Site or any Site Materials (“Submissions”) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to HDI without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.

No Interference with Operation of Site

You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.

Privacy

You agree that you have read, understood and accept HDI’s Privacy Policy. This policy explains HDI’s collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information. We also encourage you to read our Healthful Mission to create and publicly share the world’s largest collection of stories of aggregated and anonymized health transformation to reduce human suffering and save lives.

European Union GDPR Compliance

We are collecting data to provide anonymized, aggregated reports to individuals to allow them to Benchmark their Health to others their age and/or with specific health conditions. We believe that these information are most useful when collected longitudinally over time, so that individuals can measure their health progress (improvements or decrements) over time.
Individuals may request, at any time, access to, correction, or removal of their individual information at any time by e-mailing such request to contact@JoinHealthful.com and HealthfulData.com.

Posting and Use of Content in the Member / Site User Areas and Forums

The Member / Site User Area include includes forums and public-facing postings, where Member / Site Users may post messages, images, and other content (“User Submissions”). If you are a Member / Site User, you (or the author) owns copyright in the messages, images, and other content you post in the Member / Site User Area, but by posting such content within User Submissions to the Member / Site User Area or Public-Facing postings you grant HDI and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Policy.
While some areas in the Member Area are monitored periodically for topicality, HDI has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Forum by a Member / Site User or emailed to you by a Member / Site User) without the express consent of such Member / Site User. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.

The Following Activities are Specifically Prohibited:

• Downloading the Services to modify it or any portion of it.
• Using the Services or its contents for resale or commercial use, including advertising a product or service or the use of the Services for any other commercial use.
• You may not upload commercial content on the Services or use the Services to solicit others to join or become members of any other commercial online service or other organization.
• Sharing any Personal Information about another individual unless that person has given you explicit permission to share it.
• Posting any defamatory, abusive, harassing, bullying, mean-spirited, slanderous, threatening, offensive, sexually explicit or illegal material or any material containing blatant expressions of bigotry, racism or hatred or that is otherwise offensive or illegal. You also agree not to:
• Reverse engineer, reproduce, modify, translate, de-compile, disable, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Services.
• Modify, translate, or create derivative works based on any portion of the Services and/or the Services.
• Access or use the Services in order to build a competitive product or service or copy any features, functions or graphics of the Services.
• Access or use the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
• Create any link to the Services or frame or mirror any Content contained or accessible from the Services.
• Access, tamper with or use areas of the Services not intended for you, areas of the Services you haven’t been invited to, or content or data on or available through the same. Probe, scan or test the vulnerability of any portion of the Services or to breach, circumvent, modify or willfully tamper with security or authentication measures.
• Provide or use “tracking” or monitoring functionality in connection with the Services, including, without limitation, to identify any other person’s actions or other activities on the Services.
• Use the account, username, or password of another User of the Services at any time or disclose your password to any third party or permit any third party to access your Account.
• Collect usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, or employing third party promotional sites or software to promote profiles for money. We will delete or request the removal of any content, and even terminate Accounts, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  Healthful Member / Site User Conduct
• You must not use the Services in any way that causes, or is likely to cause, the Services or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Services for lawful purposes only. Certain features of the Services may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to HDI that you have the consent of all recipients to send such communications.
• If you submit, post or upload content through the Services, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Services, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including a HDI employee, host, or representative, or other members or visitors on the Services is prohibited. You must not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law.

1. Prohibition on Speeding through Surveys:

   • Users must complete surveys in a thoughtful manner. Completing surveys at a speed that a reasonable person would consider too fast to provide genuine responses is strictly prohibited. Healthful Data, Inc. reserves the right to review the completion time of surveys and ban users who are found to be speeding through surveys.

2. Ban on Automated Scripts and Bots:

   • The use of automated scripts, bots, or any software to complete surveys or participate in HC-eligible activities is strictly prohibited. Any account found to be using such methods will be permanently banned and forfeit all accrued HCs and rewards.

3. No Collaboration or Sharing of Answers:

   • Users must complete surveys and other HC-eligible activities independently. Sharing answers or collaborating with others to complete surveys will result in an immediate ban and forfeiture of all HCs and rewards.

4. Single Account Policy:

   • Each user is allowed only one account. Creating multiple accounts to earn more HCs is strictly prohibited. Users found to have multiple accounts will be banned, and all accounts will be deactivated with the loss of all HCs and rewards.

5. Prohibition on Repetitive Actions:

   • Repeatedly viewing videos or other learning center content solely to earn HCs is prohibited. Users who engage in such repetitive actions without genuine interest in the content will be banned and forfeit all accrued HCs and rewards.

6. Accuracy of Information:

   • Users must provide accurate and truthful information when completing surveys. Providing false or misleading information is strictly prohibited. Users found to be providing false information will be banned and forfeit all accrued HCs and rewards.

7. Exploitation of Technical Glitches:

   • Exploiting any technical glitches or bugs to earn additional HCs is strictly prohibited. Users who take advantage of such issues will be banned and forfeit all accrued HCs and rewards.

General Provisions:

• General Misuse:

  • Any misuse of the platform, including but not limited to, the above-mentioned activities, will result in a ban from the platform and the forfeiture of all accrued HCs and rewards. Healthful Data, Inc. reserves the right to determine what constitutes misuse and take appropriate action.

• Right to Ban:

  • Healthful Data, Inc. reserves the right to ban any user for perceived misuse of the platform, speeding, or otherwise attempting to illegitimately collect HCs and Healthful Rewards. The determination of misuse is at the sole discretion of Healthful Data, Inc.

By using our platform, users agree to these terms and understand that violations will result in a ban and forfeiture of all accrued HCs and rewards. Healthful Data, Inc. aims to maintain the integrity and purpose of the platform to help individuals achieve better health through legitimate participation.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written 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.
If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.
HealthfulData’s designated Copyright Agent for notice of claims of infringement is:
Healthful Data, Inc.
1523B NW 64th Street Seattle, WA 98107 telephone: 617-997-8674
email: contact@JoinHealthful.com and HealthfulData.com
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Member / Site User Password and Login Identity

You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify HealthfulData of any unauthorized use of your Member / Site User password or login or any other breach of security.

Links to Other Websites

HealthfulData may contain links to other websites that are not under the control of HealthfulData. The inclusion of any link does not imply endorsement by HealthfulData of such site and HealthfulData is not responsible for the content of such linked sites.

Member / Site User Termination

You agree that HealthfulData may, with or without cause, immediately terminate your HealthfulData Member / Site User status or limit or terminate your access to the Member / Site User Areas or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by HealthfulData of a Member / Site User’s status and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated Member / Site Usership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. HealthfulData has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

Modifications of this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.

Fees

There is a free service provided through JoinHealthful.com and HealthfulData.com is currently free. Healthful Data, Inc. reserves the right to from time to time change the terms of this Agreement and charge for Member / Site Users and/or to provide additional optional (for example, “Voyager” and “Premium” subscription) services for a fee.

Disclaimer of Warranties

The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. HealthfulData does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. HealthfulData does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected.
The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by HealthfulData, and you use such information at your own risk.

Limitations of Liability

Under no circumstances shall HealthfulData, its partners, Member / Site Users, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.

Indemnification

You agree to indemnify and hold harmless HealthfulData, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

International Member / Site Users

HealthfulData makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. User/Member / Site User, you acknowledge and agree that HealthfulData may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Member / Site User Notices

If you register as a Member / Site User, you agree that HealthfulData may send notices to you by email at the email address and/or social media information and/or other contact information you provide when registering to become a Member / Site User (or which you later update using the functionality of the Site).

Governing Law and Venue

This agreement shall be governed by the laws of the State of Delaware and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of Delaware, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Delaware.

Miscellaneous Terms

You are responsible for ensuring the security of the Infrastructure you use to access the Sites. We strongly recommend that if you are using a wireless network to access the Sites, you avoid use of public wi-fi facilities in favor of a personal wi-fi connection, and that the wireless network is secured with at least WPA-2 security. We recommend that the device from which you access the Sites is password protected, set to lock after a short period of inactivity, and protected with suitable security features.
You understand that the risk that ePHI contained in an email will be read by a third party, other than the intended recipient, cannot be eliminated. Reasonable measures will be used to protect the security and confidentiality of ePHI sent and received, including the use of encryption and other security technologies to the extent available. However, because of the risks outlined above, it is not possible to guarantee the security and confidentiality of email or push notifications. You understand that if you elect to send or receive ePHI via email or push notifications, we are not responsible for any unauthorized access to your health information that occurs during transmission. Moreover, we bear no responsibility for safeguarding the ePHI once it is transmitted to you.
From time to time, updates to the Sites may be made available to you. We recommend that you use the latest version of the Sites at all times, to take advantage of the latest enhancements and important updates. Depending on the update, you may not be able to use the Sites until you have downloaded the latest version of the Sites and accepted any updated Terms of Use.
To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. We may contact you by telephone, mail or email to verify your JoinHealthful.com or HealthfulData.com account information. We may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password, or other security information. You agree to notify us promptly of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Healthful Data® and the Healthful Data logo are trademarks of Healthful Data, Inc. You agree not to display or use these trademarks in any manner without HealthfulData’s prior written permission.
HealthfulData may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, let us know, or contact us at:
Healthful Data, Inc.
Attn: User agreement Issues
1523B NW 64th Street Seattle, WA 98107
History of Updates to these Terms and Conditions of Use:
N/A