HEALTHOLOGY.COM TERMS OF SERVICE
(Effective as of September 14, 2006)

1. Acceptance of Terms of Service

The Healthology.com websites (the "Healthology Site") are provided free of charge to you (unless otherwise indicated), by Healthology Inc. ("Healthology"). The Healthology Site is defined as websites located on the domain Healthology.com. These Terms of Service will govern your use of the Healthology Site, including access to user generated video content, message boards and other features, as such features are made available. BY VISTITING THE HEALTHOLOGY SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted, in connection with the user generated video submission process, particular services or products, govern your use of the Healthology Site and all services, products, events or courses which may be provided from time to time in connection with the Healthology Site, including but not limited to any user generated video content provided to you by Healthology. Healthology shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not enter the Healthology Site. The Terms of Service for your continued use of the Healthology Site will be available throughout the Healthology Site. Please check these areas before using the Healthology Site to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please discontinue your use of the Healthology Site. Your continued use of the Healthology Site will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Healthology Site, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

From time to time Healthology may supplement these Terms of Service with additional terms pertaining to the user generated video submissions, specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Healthology Site 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 Service.

2. Privacy Policy

Any information provided by you or gathered by Healthology or third parties during any visit to the Healthology Website shall be subject to the terms of Healthology's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Healthology's Privacy Policy. Healthology reserves the right at any time to terminate your access to any specific content, services, digital products, products courses or events.

3. Termination

Healthology reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate these Terms of Service; and/or any other service, specific content, digital products, products, courses or events, provided to you by Healthology, including the user generated video content, upon any breach by you of these Terms of Service or otherwise.

4. Modifications of these Terms of Service

Healthology may modify these Terms of Service from time to time in its sole discretion. Each time you enter the Healthology Website, you will be deemed to have accepted any such changes.

5. Modifications of the Healthology Site

Healthology may modify or discontinue the Healthology Site, or any portion thereof or any services, 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. Content of Messages

You acknowledge that (i) Healthology permits access to video and other forms of content that 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 Service and applicable copyright, trademark and other laws govern your use of such content. You may not, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the Healthology Site is not protected by Rights rests with you. You acknowledge that Healthology 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 videos photographs, or other forms of content to the Healthology Site and its "public areas" including (when applicable) user generated video content, message boards, forums, contests, personal websites and chat rooms, you hereby grant Healthology 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 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 subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Healthology Site retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING VIDEOS, PHOTOGRAPHS OR OTHER FORMS OF CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE HEALTHOLOGY WEBSITE, YOU HEREBY EXPRESSLY PERMIT HEALTHOLOGY 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 HEALTHOLOGY'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

7. Third Party Services

You may order services or merchandise through the Healthology Site from other persons not affiliated with Healthology ("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. Healthology makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Healthology nor will Healthology be construed as a party to such transactions, whether or not Healthology 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.

Healthology may include special routing icons which may be located within the Healthology Site, the activation of which will allow you to access and learn more about Healthology and other services provided by Healthology 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.

8. Copyright Infringement Claims and Notification

In the event you believe that material or content published on the Healthology Site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to SVP Legal Affairs Healthology Inc., 500 Seventh Avenue, 14th Floor, New York, New York 10018, send a detailed e-mail message to busdev@healthology.com or call 212-600-6000.

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 the Healthology Site infringe your copyright, you (or your agent) may send a notice requesting that the material be removed or access to the material 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 Healthology to locate the material on the Site; (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 Healthology 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: Laura O'Daly, Senior Vice President of Legal Affairs, iVillage Inc., 500 Seventh Avenue, 14th Floor, New York, New York 10018, 212-600-6000, legaldept@mail.ivillage.com. Healthology 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.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE HEALTHOLOGY SITE, INCLUDING BUT NOT LIMITED TO ALL USER SUBMITTED VIDEOS, PHOTOGRAPHS, CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE HEALTHOLOGY SITE, IS AT YOUR SOLE RISK. THE HEALTHOLOGY SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHOLOGY 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.

HEALTHOLOGY MAKES NO WARRANTY THAT THE HEALTHOLOGY SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE HEALTHOLOGY SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HEALTHOLOGY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HEALTHOLOGY SITE. HEALTHOLOGY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE HEALTHOLOGY SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HEALTHOLOGY SITE 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 HEALTHOLOGY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE HEALTHOLOGY SITE. HEALTHOLOGY 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 HEALTHOLOGY IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. HEALTHOLOGY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. THE HEALTHOLOGY WEBSITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, PLEASE CONSULT WITH YOUR PHYSICIAN. NEVER DELAY OR DISREGARD SEEKING PROFESSIONAL MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE HEATHOLOGY SITE.

HEALTHOLOGY DOES NOT CONDONE, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SPECIFIC PRODUCT, SERVICE OR MEDICAL TREATMENT.

HEALTHOLOGY 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 THE HEALTHOLOGY WEBSITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE HEALTHOLOGY WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEALTHOLOGY OR THROUGH THE HEALTHOLOGY SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

HEALTHOLOGY MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE HEALTHOLOGY SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE HEALTHOLOGY SITE.

HEALTHOLOGY IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE HEALTHOLOGY SITE. 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 HEALTHOLOGY MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST HEALTHOLOGY WITH RESPECT TO SUCH SITES.

10. Limitation of Liability

HEALTHOLOGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE HEALTHOLOGY SITE 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 THE HEALTHOLOGY SITE 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 HEALTHOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. E-Mail Message Storage

Healthology assumes no responsibility for the deletion of or failure to store e-mail messages.

12. Promotional Messages

Healthology and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Healthology 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 Healthology nor such third party shall have any liability with respect thereto.

13. Indemnification

You agree to indemnify and hold each of Healthology, 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 the Healthology Site, the violation of these Terms of Service 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.

14. Applicable Law

These Terms of Service 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 entering the Healthology Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.

15. Remedies for Breach of these Terms by You

In the event that Healthology determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Healthology Site, Healthology reserves the right to (i) warn you via email (to any email address you have provided to Healthology) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to The Healthology Site; (iii) (iv) discontinue your subscription to any service, digital product, product, course, event, content, tool or service provided or purchased through the Healthology Site; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Healthology deems to be appropriate.

If your ability to access the Healthology Site, any other Healthology community and/or any other service, product, content, course, event, tool or digital product provided to you by Healthology is discontinued by Healthology due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Healthology Site, then you agree that you shall not attempt to access the Healthology Site, any other Healthology community and/or any other digital product, course content or service provided by Healthology, through use of a different 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, Healthology reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.

16. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, 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 Service 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 Service or to exercise any right under the Terms of Service 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.

Healthology may assign its rights and obligations under these Terms of Service and upon such assignment Healthology may be relieved of any further obligation hereunder.

You represent to Healthology that you have the authority to visit the Healthology Site according to these Terms of Service. Healthology does not encourage, solicit, or permit visitors who are known to be under the age of 13 to visit the Healthology Site.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the Healthology Site by Healthology) 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 Service will, at the election of Healthology, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

Healthology reserves the right to terminate free access to the Healthology Site including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Healthology reserves the right (at Healthology's discretion) to provide you with notice of such change by prominently posting a notice on the Healthology Site and/or sending written notice to you at any e-mail and/or post office address you have provided to Healthology. Once free access is terminated, Healthology may charge each subscriber any applicable fee, and/or surcharge for access to the Healthology Site and/or any for-pay content, services, digital products, products, events, tools or products.