1. SCOPE OF USE; SUBMISSION OF QUESTIONS
Fitter Living (“FL”) is a free resource that is owned and operated by RKT Publishing, LLC (“RKT” or “we”, “us” or “our”, or similar words) and which publishes health related news, tips and health product buying information for anyone wanting to live a healthier and more nutritious life. Through FL, we operate an online consulting portal called “Ask a Health Expert” (the “AHE Service”), which consists of content such as text, graphics, images, and other materials (the “Content”) for informational, educational and entertainment purposes only. The AHE Service is not a medical, healthcare or other wellness service. The AHE Service and the Content is NOT intended to be a substitute for professional nutritional or medical advice, diagnosis or treatment, and is NOT intended to constitute medical advice or any other advice of a professional nature, and should NOT be relied upon to guide or influence the medical treatment of any individual.
You and other users of the AHE Service are encouraged to submit questions via the AHE Service regarding your own health and well being. Based upon the type of question that you or other users submit to us, we may ask one of our health experts (“Health Experts”) to provide an answer. Alternatively, we or the Health Experts may decline, for any reason or for no reason, to provide an answer (as the Health Experts cannot answer every question that we receive and cannot diagnose specific health conditions over the internet; and even if our Health Experts attempt to answer a question, delays or failures to respond may result due to an incorrect email address, spam filters or other technical issues that may arise).
2. DISCLAIMER OF PROFESSIONAL ADVICE; NO DIETITIAN-CLIENT, PERSONAL TRAINER-CLIENT, OR DOCTOR-PATIENT RELATIONSHIP
No matter the qualifications of the person answering your question, by using the AHE Service you expressly acknowledge that the AHE Service is NOT a substitute for medical care (whether emergency or otherwise), and you further acknowledge that neither we nor our Health Experts can provide advice or consultation over the internet regarding any specific medical condition (whether of an emergency nature, or otherwise) without conducting a thorough and proper physical evaluation. In addition, the quality of the responses provided by the Health Experts will be influenced directly by the quality of the question asked (and the completeness and accuracy of the information conveyed by the person asking the question), of which neither we nor the Health Experts have any control.
Never disregard or delay in seeking professional nutritional or medical advice as a result of information you’ve read on FL or received from the AHE Service or a Health Expert. If you or someone you know is sick, injured, or otherwise in need of medical attention, please call 911 or contact your regular health care provider immediately, as neither FL nor the AHE Service is the appropriate venue to deal with such situations.
You also expressly acknowledge and agree that in the case where one of the Health Experts who is a registered dietitian or certified personal trainer answers your question(s), a dietitian-client relationship or personal trainer-client relationship respectively will NOT be established, and that the AHE Service will NOT be able to diagnose, treat, or prescribe any medication for you. You further acknowledge that the laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending upon your location or upon the information that typically would be discovered through in-person evaluations or visits. By using the AHE Service, you understand that any registered dietitian or certified personal trainer that answers your question(s) is NOT your registered dietitian or certified personal trainer, and that the information they provide to you is NOT a substitute for in-person diagnosis and/or treatment. Please be advised that nothing transmitted to or via the AHE Service constitutes the establishment of a dietitian-patient relationship or personal trainer-patient relationship between you and any professional.
We highly recommend that you always seek the advice of your health care provider or other qualified provider with any questions that you may have regarding your medical condition, and that you do not disregard the their advice (or delay seeking their advice) because of something that you have read or otherwise been provided via the AHE Service.
3. QUESTIONS AND ANSWERS MAY NOT BE PRIVATE OR CONFIDENTIAL
FL and the AHE Services are internet-based forums. Information and materials submitted in the content of questions, requests for information, answers, comments and other responses (collectively “Posts”) are not private or confidential, and are not protected by any doctor-patient privilege, or any other privilege, and may be read, collected and used by others. To help protect your privacy, you may want to use an anonymous user name and you may not want to include information regarding your identity or contact information in any of your Posts.
4. NO MANAGEMENT OF CONTENT; NO ENDORSEMENT OF PRODUCTS OR SERVICES
You expressly acknowledge and agree that we do not directly manage the AHE Service and that we do not edit, modify, filter, screen or otherwise review the Content posted by our Health Experts. As a result, we do not have control over the quality, safety, or legality of the answers that are provided through the AHE Service. Notwithstanding the foregoing, we reserve the right, but not the obligation, to refuse to post or to remove any Content and/or to remove any user’s access to FL or to the AHE Services.
The answers provided via the AHE Service are the responses of the individual Health Expert, and are not given by and are not endorsed by us or by FL. FL does not recommend or endorse any opinion, any particular medication, product or service, any medical professional or facility, or any other website. If an answer provided as part of the AHE Service contains any recommendation or endorsement, then such recommendation or endorsement is given by the individual Health Expert only, and NOT by us or by FL.
5. YOUR USE OF THIS SITE IS AT YOUR OWN RISK
By visiting FL and using the AHE Service, you expressly acknowledge and agree that there are risks and limitations associated with online services such as the AHE Service, and that your reliance on any Content, recommendation or other advice contained on FL or the AHE Service or otherwise provided by a Health Expert is solely and exclusively at your own risk. In particular, you acknowledge and agree that, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RKT NOR ANY OF RKT’S AFFILIATES, LICENSORS, SERVICE PROVIDERS, HEALTH OR WELLNESS EXPERTS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE, WHETHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES (COLLECTIVELY, “LOSSES”) RELATED TO YOUR USE OF (OR INABILITY TO USE) THE AHE SERVICE, FL, OR ANY SITE LINKED TO FL, WHETHER FROM ERRORS OR OMISSIONS IN THE CONTENT OF FL OR THE AHE SERVICE OR ANY OTHER LINKED SITE(S), FROM FL OR THE AHE SERVICE BEING DOWN OR UNAVAILABLE, FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE FL SITE OR PROVIDED AS PART OF THE AHE SERVICES, OR FROM ANY OTHER USE OF FL OR THE AHE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES.WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT RKT IS NOT IN THE BUSINESS OF PROVIDING ANY TYPE OF PROFESSIONAL HEALTH OR WELLNESS ADVICE WHATSOEVER, AND THAT THE FUNCTIONS, OPERATIONS AND CONTENT OF THE FL AND THE AHE SERVICE ARE PROVIDED “AS-IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT, AND THERE IS NO WARRANTY THAT THE INFORMATION CONTAINED IN FL OR THE AHE SERVICE OR ANY OF THE RELATED CONTENT WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
YOU FURTHER AGREE THAT NEITHER RKT, FL OR THE AHE SERVICE ARE RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO FL OR USER OF THE AHE SERVICE OR ANY OTHER THIRD PARTY.
6. RIGHT TO MODIFY TERMS; ACCEPTANCE OF TERMS