Terms and Conditions of Website Use and Privacy Policy
as of 02 September 2021


PLEASE READ THESE TERMS AND CONDITIONS OF SERVICES ("Terms") BEFORE USING THIS SITE. By continuing to access or use this website or any service on this site, you, the User (User’s ("User"/"you"/"your") signify your acceptance of the Terms. If you do not agree to all of these Terms and Conditions, do not use this site.
Healthy Mind Solutions (collectively, with its affiliates and/or partners, "HMS", "we", or "us")may revise and update these Terms and Conditions at any time. HMS retains the right, in its sole discretion, to make technical improvements or technical upgrades to the platform at any time. This may include the removal of platform elements. No advance notification of upgrades or removals is required. Your continued usage of the HMS website, including but not limited to text, content, photographs, video, audio and graphics, and any of the services offered herein ("HMS Site," or the "Site,") will mean you accept those changes.
User Assent to Terms and Conditions of Use. You represent that you have read and agree to be bound by the Terms. You further agree: (i) to comply with applicable local, and foreign laws and regulations regarding the transmission of any data obtained from the Site (as defined herein) in accordance with the Terms; (ii) not to use the Site for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Site; and (iv) that you are 18 years of age or older (or the minimum legal age in your country to be considered within the age of majority) in order to register/use the Services, or visit or use the Site in any manner. In the event the user is a minor, HMS assumes that the Terms and other related aspects and conditions for the purposes of registration/use of Services/visit, or use of the Site, are being agreed to by the legal guardian and the term "User"/"you"/"your" shall be interpreted accordingly. We will use our best efforts to include accurate and up to date information on the Site, but we make no warranties or representations as to the accuracy of the information.
Disclaimers. The Site does not provide medical advice. HMS is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. The contents of the HMS Site, such as text, graphics, images, and other materials created by HMS or obtained from HMS's licensors, and other materials contained on the HMS Site or the services (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider(s) with any questions you may have regarding any medical condition. Reliance on any information provided by HMS, and other information appearing on the Site or in the Services being offered is solely at your own risk. Access to the platform, and its use, are restricted to personal, non-commercial purposes. By using the Site, you acknowledge that we specifically disclaim any liability for any damages arising out of or in any way connected with your access to our use of the Site. If you are currently thinking about or planning harm to yourself or someone else please go to the nearest hospital or emergency department.
Intellectual Property. This Site is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws. The Site is also protected as a collective work or compilation under applicable copyright law and other laws and treaties. All individual articles, columns and other elements making up the Site are also copyrighted works. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by HMS or third parties. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the Site. Unauthorized use of any such property, without express consent from HMS, is strictly prohibited.
Registration. Anyone can view content on this platform. However, use of certain sections require registration. If you choose to register, please become familiar with our Privacy Policy.
Authorized Use; Restrictions on Use. You may not use the Site for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Site solely for the use and benefit of you and your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Site in any manner that could compete with, or be detrimental to, the business of HMS. You acknowledge that the Site has been developed, compiled, prepared, revised, selected and arranged by HMS through the application of methods and standards of judgment developed and applied through the expenditure of subssubstantial time, effort and money and constitutes valuable intellectual property and trade secrets of HMS. You agree to protect the proprietary rights of HMS and all others having rights in the Site during and after the term of this agreement and to comply with all reasonable written requests made by HMS or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others’ contractual, statutory and common law rights in the Site. You agree to notify HMS in writing promptly upon becoming aware of any unauthorized access or use of the Site by any party or of any claim that the Site infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SITE AND/OR PRINT A REASONABLE NUMBER OF COPIES FOR YOUR PERSONAL USE OR USE WITHIN YOUR ORGANIZATION, PROVIDED THAT ALL COPIES RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ANALYSIS AND PRESENTATION INCLUDED IN THE SITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT HMS’S PRIOR WRITTEN CONSENT.
Community User Agreement. The purpose of the community is to provide a place where Users can anonymously exchange ideas, opinions and comments about platform content. Users understand that community content is for the public domain and is not private. All posts and content must specifically address platform content.
Any posts that address other topics will be removed and may be subject to the removal of the authors’ posting privileges. Users agree not to post any copyrighted material on the platform. HMS, platform owners, managers, employees, interns, and volunteers do not necessary endorse, support, sanction, encourage, verify, or agree with any of the comments, opinion, statements, or posts made within the community. We encourage Users to not post any personally identifiable information in the community. Users who post personally identifiable information do so at their own risk. Users may not post or transmit any defamatory, harassing, abusive, mean- spirited, obscene, profane, vulgar, sexually explicit, threatening, or illegal material, or any material containing blatant expression or bigotry, racism, or hate. HMS and/or its partners reserve the right, but is/are not obligated, to edit, review, delete, or refuse to post any material that is submitted to, or is presented on, the platform. Users agree not to place any material on the platform that is advertising a product or other service, is advertising another internet site, is invasive of any other’s privacy, encourages conduct that would constitute a criminal offense, give rise to civil liberty, or that otherwise violates any local, state, provincial, national, international law or regulation. Users agree to use the platform only for lawful purposes and acknowledge that failure to do so may be subject to civil and criminal liability.
Limitation of Liability. YOU AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HMS OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF HMS HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS. THIS LIMITATION ON LIABILITY INCLUDES UNAUTHORIZED ACCESS OR ANY FORCE MAJEURE. HMS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE AND/OR THE CONTENT. ANY RIGHTS WHICH YOU MAY HAVE AS A RESULT OF THE APPLICATION OF APPLICABLE LAWS IN THESE JURISDICTIONS SHALL NOT BE AFFECTED BY THIS DISCLAIMER OF LIABILITY.
Representations and Warranties. You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) can form legally binding contracts under applicable law; (iii) shall not use any rights granted hereunder for any unlawful purpose; and (iv) shall use the Site only as set forth in these Terms.
Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless HMS and its employees, representatives, and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Site, or any links on the Site, including, but not limited to: (i) your use or someone using your computer’s use of the Site; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the Site by you or someone using your computer infringes any IP Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer or your password; or (v) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys’ fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.
Termination. Either you or HMS may terminate these Terms with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Site and destroying all materials obtained from the Site. These Terms will terminate immediately without notice from HMS if HMS determines, in its sole discretion, that you have failed to comply with any provision of these Terms. Upon termination by you or upon notice of termination by HMS, you must promptly destroy all materials obtained from the Site and any copies thereof.
Governing Law. These Terms shall be governed and construed in accordance with the laws of the Philippines, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the courts located in Makati, Metro Manila with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts.
Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the legality, validity and enforceability of any remaining provisions.
No Assignment. The provisions of these Terms will inure to the benefit of and be binding upon each of HMS and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without the express prior written consent of HMS which may be withheld in HMS’s sole discretion. HMS may assign these Terms and its rights and obligations under these Terms without your consent. No Waiver. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
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