Terms of Use
Effective Date: January 1, 2025
Welcome to Overcoming Health Anxiety (“we,” “our,” or “us”). By accessing and using our website, located at [www.overcominghealthanxiety.com] (the “Site”), and the services we provide through the Site (collectively, the “Services”), you agree to comply with and be bound by the following Terms of Use (“Terms”).
Please read these Terms carefully. If you do not agree to these Terms, you should not use the Site or Services.
1. Acceptance of Terms
By accessing or using the Site, including by clicking "I Agree" or similar action, you confirm that you have read, understood, and agree to be bound by these Terms, including any future amendments. If you are using the Site on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms. You also confirm that you are mentally competent to understand the Terms and conditions of this agreement and to use the Services.
Legal Disclaimer: Always ensure that the "I Agree" checkbox is tied to actual acceptance of the terms to prevent challenges to enforceability.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be posted on this page, and the "Effective Date" will be updated accordingly. We will provide notice of material changes to these Terms by posting the revised Terms on the Site or by other means, such as by sending an email to the email address you provided when you registered for the Services. Your continued use of the Site after such changes will constitute your acceptance of the updated Terms.
Legal Tip: Consider adding a provision where users are required to periodically review the Terms. This can be included under "user responsibilities."
3. Eligibility
To use the Site and Services, you must be at least 18 years old (or the legal age of majority in your jurisdiction) or have obtained consent from a parent or guardian. By using this Site, you represent and warrant that you are of the required age, legally able to enter into these Terms, and mentally competent to do so.
4. Global Access
Overcoming Health Anxiety operates globally, and our Services may be accessed from countries around the world. If you are accessing the Site from outside the United States, you agree to comply with local laws and regulations regarding online services, data privacy, and health information. You also agree to comply with applicable data protection laws such as the General Data Protection Regulation (GDPR) in the European Union. We do not guarantee that the content on this Site is appropriate or available for use in all locations, and access to the Site from regions where its content is illegal or restricted is prohibited.
Add Clause: “In the event that you are accessing the Site from jurisdictions with stricter consumer protection or data privacy laws (such as the GDPR or CCPA), you agree to comply with these laws to the extent applicable.”
5. User Accounts
To access certain features of the Site, such as personalized content or subscription services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information when creating your account.
- Maintain the security and confidentiality of your account credentials.
- Notify us immediately if you believe your account has been compromised.
You are solely responsible for all activities under your account, and you agree to immediately notify us of any unauthorized use of your account or any breach of security.
Legal Tip: It’s beneficial to also state that users are responsible for keeping their password confidential and that they are responsible for any activities under their account.
6. User Conduct
By using the Site, you agree to adhere to the following rules of conduct:
- You will not use the Site for unlawful or malicious purposes, including the dissemination of misleading, harmful, or inappropriate content.
- You will not engage in activities that may damage, disable, or impair the functioning of the Site or interfere with other users' enjoyment of the Site or Services.
- You will not use the Site to diagnose, treat, or provide medical advice for any health condition, including health anxiety, unless otherwise explicitly stated in our content.
- You will not impersonate any person or entity or misrepresent your affiliation with any person or organization.
Legal Tip: Consider adding a clause regarding prohibited content such as harassment, hate speech, and illegal content to further reduce liability.
7. Content and Information
Overcoming Health Anxiety provides general information, resources, and educational content related to health anxiety and mental well-being. This content is intended for informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or a qualified health provider with any questions you may have regarding a medical condition.
Add: “We do not guarantee the accuracy, completeness, or usefulness of any content provided on the Site.”
Health-Related Disclaimers
- No Medical Advice from Community: The community feature of the Site (including forums, support groups, or other user-generated content) is intended solely for peer support and sharing personal experiences. You should not rely on user-generated content for medical guidance. Always consult a healthcare provider for medical issues.
Legal Tip: It would be good to include a specific disclaimer regarding the potential risks of self-diagnosis or following advice from unverified sources within the community.
8. Intellectual Property
All content on the Site, including but not limited to articles, videos, images, graphics, logos, and trademarks, is the property of Overcoming Health Anxiety or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or distribute any content from the Site without express written permission, except for personal, non-commercial use.
Add: “All rights not expressly granted herein are reserved by Overcoming Health Anxiety.”
9. User-Generated Content
By posting content on the Site (e.g., comments, forum posts, or other submissions), you grant Overcoming Health Anxiety a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, display, distribute, modify, and create derivative works of such content for the purposes of the Site’s operations.
Moderation and Removal:
We reserve the right to monitor and moderate user-generated content. We will remove any content deemed inappropriate, harmful, misleading, or in violation of these Terms without notice. Users who post inappropriate content may face account suspension or termination.
Liability for User-Generated Content:
You agree that Overcoming Health Anxiety is not responsible for the content posted by users. By posting content, you agree that it does not infringe on any third-party rights and complies with applicable laws.
Legal Tip: Include a clause indicating that you have the right to remove or moderate content for any reason and that you are not liable for user content or the outcome of its use.
10. Privacy Policy
Your use of the Site is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Site, you consent to the collection and use of personal information as described in the Privacy Policy.
We are committed to protecting your privacy and complying with applicable data protection laws. Any personal or health-related data collected by Overcoming Health Anxiety will be handled in accordance with our Privacy Policy.
Legal Tip: Ensure that users have easy access to the Privacy Policy, and emphasize that their personal data will be protected.
You have the right to request the deletion of your personal data at any time. To request data deletion, please contact us at [contact information].
Note: Consider adding the right to withdraw consent under GDPR for users within the EU.
11. Third-Party Links and Resources
The Site may include links to third-party websites, resources, or tools for your convenience and information. These links do not signify our endorsement of such third-party content. We are not responsible for the availability or content of third-party sites, and you access them at your own risk.
12. Disclaimers
The information and Services provided by Overcoming Health Anxiety are intended to help individuals manage and understand health anxiety, but they are not intended as a replacement for professional medical treatment. The Site and Services are provided "as is" and "as available," and we make no representations or warranties regarding the accuracy, reliability, or completeness of the content.
Add: “To the extent permitted by law, we disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.”
Emotional and Psychological Harm:
We do not assume any responsibility for emotional or psychological harm resulting from your use of the Site or Services, including interactions within the community. We strongly recommend seeking professional help if you are experiencing significant emotional or psychological distress.
Legal Tip: Add a statement reinforcing that users must consult licensed healthcare providers for significant emotional or psychological issues.
13. Limitation of Liability
To the fullest extent permitted by law, Overcoming Health Anxiety shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or Services, even if we have been advised of the possibility of such damages. In no event will Overcoming Health Anxiety be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill.
Our total liability for any claim arising from the Site or Services shall be limited to the amount you paid, if any, for the Services during the six months prior to the claim.
Legal Tip: It may be prudent to limit your liability further for issues related to third-party content or links.
14. Indemnification
You agree to indemnify, defend, and hold harmless Overcoming Health Anxiety, its affiliates, officers, directors, employees, agents, and affiliates, from and against any claims, damages, liabilities, losses, costs, and expenses, including legal fees, arising from your use of the Site, any user-generated content you post, or any breach of these Terms.
Legal Tip: Include “including any breaches of applicable laws” to further clarify this indemnification clause.
15. Termination
We reserve the right to suspend or terminate your access to the Site and Services at our sole discretion, without notice, for any reason, including if we believe you have violated these Terms.
Upon termination, your access to the Site and all associated content will be immediately revoked.
You will no longer have access to any personal or subscription-based content, and your data may be deleted according to our Privacy Policy.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in Georgia, in accordance with the rules of [arbitration association].
Legal Tip: Consider specifying the forum for arbitration (e.g., American Arbitration Association) and the type of arbitration (e.g., JAMS).
International Users:
If you are located outside of the United States, you may be entitled to dispute resolution mechanisms available under your local laws.
17. Children’s Privacy
Our Services are not intended for individuals under the age of 18. We do not knowingly collect personal information from minors. If you are under 18, please do not use the Site or provide any personal information.
18. Subscription-Based Services
Overcoming Health Anxiety offers a subscription-based service where users can access premium content and features. By subscribing to any of our subscription plans, you agree to the following terms:
19.1 Free Subscription
We offer a free subscription plan, which grants users access to certain resources and content on the Site at no charge.
19.2 Paid Subscription
The monthly fee for the paid subscription is $29 a month. Payments are processed securely, and your subscription will automatically renew each month unless you cancel it.
Billing and Payment:
Subscription fees are billed on a monthly basis. Payments will be processed securely, and failure to process payment may result in suspension.
Cancellations and Refunds:
No refunds will be issued for any charges made during the billing cycle, even if the service is canceled before the end of the month.
19.3 Trial Periods
There are no free trial periods for paid subscriptions unless explicitly stated.
19.4 Subscription Modifications
We may modify or discontinue any aspect of the Subscription Service at our discretion, with prior notice to users.
20. Contact Information
If you have any questions or concerns about these Terms or the Services we offer, please contact us:
Email: [support@livewithfear.com]
