ANTHUS TERMS OF USE
Effective December 16, 2011
 
1. Acceptance of Terms of Use
 
These Terms of Use set forth the terms and conditions that apply to your use of Anthus website. From time to time, Anthus, LLC may supplement these Terms of Use with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Anthus website to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use. BY USING THE ANTHUS WEBSITE, YOU AGREE TO THESE TERMS OF USE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH ANTHUS, LLC. If you do not agree to be bound by these Terms of Use, please discontinue your use of the Anthus website. The Anthus website is provided free of charge to you (unless otherwise indicated).
 
Although portions of the Anthus website may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from Anthus you need to register as a member. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Anthus, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
 
IMPORTANT: Anthus has information, stories, articles, recipes and health advice from content partners, companies and individual users. Anthus DOES NOT promote any specific guide, remedy or solution to ANY HEALTH RELATED ISSUES. Users should ALWAYS consult a professional in any related field to make personal health decisions. Any perspective given on any product or solution is only an opinion of Anthus or its contributors, and does not guarantee ANY results of any kind. For further disclosure, please read section 18. HEALTH RESOURCES.
 
Anthus contains professionally and user generated content. Videos, stories, blogs and images uploaded by users are each individual user's responsibility and fall under the following specific guidelines:
 
            USERS: All content uploaded or linked to by any user must adhere to Anthus' vision and forward the mission of this community, specifically dealing with health, wellness, positivity and social cause. If, for ANY reason, Anthus deems any user generated content as unfit or against the mission of the company, then that content will be immediately removed. Any content that has been flagged as inappropriate by users, staff or other contributors may be removed without notice.
 
            CONTRIBUTORS: All contributors must be approved by Anthus prior to uploading or posting articles or blogs. ALL CONTRIBUTORS must adhere to Anthus' vision and mission to provide content dealing with health, wellness, positivity and social cause. If, for ANY reason, Anthus feels that certain stories are being promoted that go against this mission, then that content will be removed immediately. Any content that has been flagged as inappropriate by users, staff or other contributors may be removed without notice.
 
            ADVERTISING PARTNERS:  All advertising partners must be approved by Anthus prior to uploading or posting articles or blogs. ALL ADVERTISERS must adhere to Anthus' vision and mission to provide products and promotions dealing with health, wellness, positivity and social cause. If, for ANY reason, Anthus feels that certain products are being promoted that go against this mission, then those ads will be removed immediately. Any promotions that have been flagged as inappropriate by users, staff or contributors may be removed without notice.
 
            Anthus DOES NOT ALLOW THE FOLLOWING TYPE OF COMPANIES TO ADVERTISE THROUGH THIS COMMUNITY: Fast food companies, retailers that do not treat their employees well, companies that have poor environmental track records, companies that manufacture foods using partially hydrogenated oils, dyes, nitrates, sulfites, MSG or any other additive/preservative. Even though a company may be accepted into the Anthus community, it does not give permanent approval to advertise or place any products the partners choose.
 
            NON-PROFIT PARTNERS/GROUPS: All non-profit partners/groups must be approved by Anthus prior to uploading or posting articles or blogs. Organizations MUST BE a legitimate social cause group. Any non-profit that is soliciting beyond the scope of their mission statement, or misleading users will be removed immediately.
 

2. Registration Information/Privacy Policy
 
When you register for Anthus, you will be required to provide the following information: your user name, e-mail address, your Anthus, what you are grateful for, your greatest accomplishment, your goals, three things you want to accomplish this year, birthdate and password.
Any information provided by you or gathered by Anthus or third parties during any visit to the Anthus website shall be subject to the terms of the Anthus Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Anthus's Privacy Policy. Anthus reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
 
Anthus reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal Anthus user page, if Anthus learns that you have provided Anthus with false or misleading registration information.
 
3. Termination
 
Anthus reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to access the Anthus website and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Anthus, including any personal user page, upon any breach by you of these Terms of Use or otherwise.
 
4. Modifications of these Terms of Use
 
Anthus may modify these Terms of Use from time to time in its sole discretion. Each time you use the Anthus website, you will be deemed to have accepted any such changes. Anthus shall have no obligation to notify you of any such changes other then posting such modifications on the Anthus website, but Anthus reserves the right (at Anthus' discretion) to provide you notice of such changes to any e-mail address you have provided to Anthus.
 
5. Modifications of Anthus
 
Anthus may modify or discontinue the Anthus website, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
 
6. Use of Anthus
 
A. Content of Messages
 
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on Anthus, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of Anthus that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Anthus assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Anthus. Anthus further assumes no responsibility for the deletion of or failure to store e-mail messages.
 
You further agree that you will not use Anthus to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on Anthus, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Anthus. Anthus reserves the right to delete any such material. Anthus will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 6.
 
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Anthus. You further agree not to use an inappropriate member name of any kind.
 
You agree not to post or use Anthus to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
 
You acknowledge that (i) content on Anthus is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Anthus, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Anthus may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
 
By submitting content, which shall include your member name, to any "public area" of Anthus, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant Anthus a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on Anthus retains any and all Rights that may exist in such content.
 
Anthus is not obligated to review content posted by users prior to the content's posting to any area of Anthus, including any private profile. Content posted by any user to Anthus does not reflect the opinions or views of Anthus, its parent, subsidiaries or affiliates. Anthus makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Anthus members through any Anthus service.
 
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON ANTHUS, YOU HEREBY EXPRESSLY PERMIT ANTHUS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY ANTHUS'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
 
B. Non Commercial Use
 
Anthus, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of Anthus are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Anthus in writing. Illegal and/or unauthorized use of Anthus, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Anthus is prohibited. In furtherance thereof, you agree that you will not use Anthus for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
 
Any such use shall be deemed to be a violation of these Terms of Use.
 
C. Anthus Social Networking
 
The Anthus Social Networking service allows members to create unique personal profiles, communicate and share materials with other Anthus members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Use and any Additional Terms. You are solely responsible for your interactions with other users.
 
You may never use another's account without permission. If you become aware of any misuse of Anthus by any person, please contact Anthus by clicking the "Flag" link located throughout Anthus.
 
7. Member Disputes
 
You are solely responsible for any interaction with other members or visitors of Anthus. Anthus reserves the right but shall have no obligation to monitor disputes between you and any other member of Anthus.
 
8. Intrastate Nature of Communications
 
When you register with Anthus and/or any therein, you acknowledge that in using the Anthus services to send electronic communications, you will be causing communications to be sent through Anthus's computer networks which are located the United States. As a result, and also as a result of Anthus's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Use and using the Anthus communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
 
9. Third Party Services
 
You may order services or merchandise through Anthus from other persons not affiliated with Anthus ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Anthus makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Anthus nor will Anthus be construed as a party to such transactions, whether or not Anthus may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
 
Anthus may include special routing icons which may be located within Anthus, the activation of which will allow you to access and learn more about Anthus and other services provided by Anthus whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
 
10. Registration and Password
 
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Anthus of any unauthorized use of your registration or password.
 
11. Claims of Copyright Infringement
 
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Anthus infringe your copyright, you (or your agent) may send Anthus a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Anthus to locate the material on Anthus; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Anthus a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Gillian Lusins, VP of Intellectual Property, Anthus Inc., c/o NBC Universal, Inc., 75 Ninth Avenue, 7th Floor, New York, New York 10011, DMCANOTICE@mail.Anthus.com. Anthus suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
 
12. Disclaimer of Warranties
 
YOU EXPRESSLY AGREE THAT USE OF ANTHUS, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH ANTHUS, IS AT YOUR SOLE RISK. ANTHUS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANTHUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
 
ANTHUS MAKES NO WARRANTY THAT ANTHUS WILL MEET YOUR REQUIREMENTS, OR THAT ANTHUS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ANTHUS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANTHUS. ANTHUS WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ANTHUS.
 
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANTHUS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
 
YOU UNDERSTAND AND AGREE THAT ANTHUS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH ANTHUS. ANTHUS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ANTHUS NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN ANTHUS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ANTHUS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
 
ANTHUS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ANTHUS, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN ANTHUS IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANTHUS OR THROUGH ANTHUS, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 
ANTHUS MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH ANTHUS OR ANY TRANSACTIONS ENTERED INTO THROUGH ANTHUS.
 
ANTHUS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE ANTHUS. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH ANTHUS MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST ANTHUS WITH RESPECT TO SUCH SITES.
 
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, ANTHUS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. ANTHUS SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON ANTHUS, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY ANTHUS AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON ANTHUS, YOU WAIVE ANY CLAIMS AGAINST ANTHUS FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
 
13. Limitation of Liability
 
ANTHUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ANTHUS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ANTHUS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF ANTHUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
14. Promotional Messages
 
Anthus and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Anthus makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Anthus nor such third party shall have any liability with respect thereto.
 
15. Indemnification
 
You agree to indemnify and hold each of Anthus, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Anthus, the violation of these Terms of Use by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
 
16. Applicable Law
 
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering Anthus, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
 
17. Remedies for Breach of these Terms by You
 
In the event that Anthus determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for Anthus, Anthus reserves the right to (i) delete any or all content provided by you or your agent(s) to Anthus; (ii) discontinue your registration(s) with Anthus and/or any other Anthus community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Anthus; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Anthus deems to be appropriate.
 
If your registration(s) with or ability to access Anthus, any other Anthus community and/or any other service, product, content, course, event, tool or digital product provided to you by Anthus is discontinued by Anthus due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the community of Anthus, then you agree that you shall not attempt to re-register with or access Anthus, any other Anthus community and/or any other digital product, course content or service provided by Anthus, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Anthus reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
 
18. Health Resources
 
BEFORE USING ANY HEALTH-RELATED PRODUCT OR CONTENT ON ANTHUS, PLEASE READ THESE TERMS OF USE CAREFULLY. AS SET FORTH BELOW, YOU MAY BE SUBJECT TO DIFFERING TERMS OR USE DEPENDING UPON THE LICENSOR AND/OR PROVIDER OF A GIVEN PIECE OF HEALTH CONTENT. WITH RESPECT TO CONTENT AND SERVICES PROVIDED BY ANTHUS, INC. ON ANTHUS.COM AND ANTHUS, IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SECTION OF ANTHUS TERMS OF USE AND ANY OTHER SECTION OF ANTHUS TERMS OF USE, THE OTHER SECTION OF ANTHUS TERMS OF USE SHALL GOVERN.
 
Do not use or interact with any health-related content (the "Health Content") on Anthus if you do not agree to all of these Terms.
 
Not Medical Advice. The Health Content is for informational purposes only. The Health Content does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. Developments in medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
 
Use Of Health Content. The Health Content is protected by copyright under United States and foreign laws. Title to the Health Content remains with Anthus and its Licensors or its suppliers. Any use of the Health Content not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to Anthus, its Licensors and its suppliers.
 
Limitation of Liability. The use of the Health Content is at your own risk. The Health Content (including this information and any software) is provided on an "as is" basis. ANTHUS, ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting this disclaimer, Anthus, its Licensors and its suppliers also make no representations or warranties about the accuracy, reliability, completeness, or timeliness of this information. In no event shall Anthus, its Licensors or its suppliers, or any third parties mentioned in the Health Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, misuse of, or inability to use this information, whether based on warranty, contract, tort, or any other legal theory, and whether advised of the possibility of such damages. If for any reason the liability limitation is deemed invalid, Anthus, its licensors, its suppliers, or any third parties mentioned in the Health Content shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $2,500. No waiver of any of these Terms shall be deemed a further or continuing waiver.
 
Indemnity. You agree to defend, indemnify, and hold Anthus, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal fees resulting from, or alleged to result from, your use or misuse of the Health Content. All of the Health Content is intended for use and access within the United States. If you access the Health Content from outside the United States, you do so at your own risk and are responsible to comply with the laws of your jurisdiction.
 
Claims. Any claims arising from your use of the Health Content must be brought within one (1) year from the date of the event giving rise to the action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
 
19. Miscellaneous
 
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.
 
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
 
Anthus may assign its rights and obligations under these Terms of Use and upon such assignment Anthus may be relieved of any further obligation hereunder.
 
You represent to Anthus that you have the authority to register with or visit Anthus according to these Terms of Use. Anthus does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit Anthus and does not permit anyone under the age of 13 to become a member of the Anthus Site.
 
These Terms of Use constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Anthus, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
 
Anthus reserves the right to terminate free access to Anthus including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Anthus reserves the right (at Anthus's discretion) to provide you with notice of such change by prominently posting a notice on Anthus and/or sending written notice to you at any e-mail and/or post office address you have provided to Anthus. Once free access is terminated Anthus may charge each subscriber any applicable fee, surcharge and/or membership fee for access to Anthus and/or any for-pay content, services, digital products, products, events, tools or products.