PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR YOUR USE OF THIS WEBSITE THOROUGHLY AND CAREFULLY.

By using this website, you, either as a reader, a web browser, a registered health steward membership subscriber, an S2S online progress page steward, or a housecalls listener, (hereinafter simply referred to as “you”, “user” or “your”) agree to these Terms and Conditions, just as if you had signed this agreement, and whether or not you have reviewed it. Please check these terms and conditions regularly, as they may be changed at any time without notice. If for any reason and at any time, you do not agree to or cannot submit to these terms and conditions, you should immediately cancel your registered user account and/or discontinue your use of this website.

1. Description of services: This is a friendly, family-oriented support forum for those wishing to become healthier by losing weight and maintaining weight loss. We, the Health Steward administration (Hereinafter simply “we”, “us”, “our”, “healthsteward.com”, “HS”, "Admin" or “the administration”) do not endorse any diet, eating plan, exercise regimen, contest, challenge or idea, or any opinions expressed on the website regarding the appropriate weight loss and/or exercise plan for you. We strongly urge you to consult with your personal physician before engaging in any such plan or regimen.

2. Violations. Any user found in violation of any conditions/terms may be suspended or terminated from this website or otherwise reprimanded without warning, at the sole discretion of the Health Steward Administration. Also, we reserve the right to delete, edit or terminate any content or communications we deem, at our sole discretion to be a violation of the terms and conditions, health steward policy or otherwise harmful or inappropriate.

3. Ownership rights of HealthSteward.com. Everything appearing on the site, including but not limited to all photographs, written data, housecall recordings, artwork and postings are owned by Healthsteward.com. (hereinafter simply, “HS”). All materials on the site, including but not limited to, information, software, photos, video, text, graphic, music, sounds, housecall recordings, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials become the ownership of HS once they are transmitted to HS for use on the website and/or appear on the site, and may be subject to copy write, trademark or other proprietary restrictions. Users may not modify, publish, record, transmit, distribute, sell, create derivative works of, or in any way exploit said content in whole or part without the express written consent of the HS administration. Downloading any content to your personal computer does not give you ownership of said materials. Upon termination of this agreement, you agree to destroy any such downloaded materials. These provisions by no means prevent you from using or re-using the materials listed above that you create and post to the website, as long as you are not publishing it or otherwise dispensing it to others with any direct or indirect reference to healthsteward.com, other healthsteward members, and/or "Dr. Nick" without our express written consent.

4. Registration requirements and password security. Only registered users are permitted to use certain portions of the site, including, but not limited to the private forums, the chatrooms and the housecall recordings, and this may not be transferred or shared. Registered users agree to provide true, accurate and complete information about themselves. Registered users further agree to keep their user names and passwords secure and confidential, and to not allow any non-registered persons to use the secure components of this website, including, but not limited to the private forums, housecall recordings and chatrooms. Users agree to notify HS immediately if a password is compromised or they believe that a non-registered user is accessing the website without authority.

5. Not liable for postings or content of chat room or forum discussions. We make every attempt to monitor communications on the site, but we do not proactively control the postings or forum and chat room discussions. Therefore, you are entirely responsible for what you post. We do not guarantee the accuracy, integrity or reliability of any written or recorded content contained on the website, including but not limited to that content contained in the forums, postings, housecalls, or chat rooms. You understand that by using this website, you may be exposed to communications which violate our conduct guidelines, and which are offensive or objectionable. We will not be liable in any way for such content, including but not limited to any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any such content, whether the content was contained in postings, housecall recordings, statements made during chat sessions, or statements emailed or otherwise transmitted directly or indirectly through this website.

6. Not liable for placement decisions. You may be placed in a group once you sign up, and may be assigned a mentor. We retain full discretion in the decision-making process and will not be responsible for any damages whatsoever you may encounter simply because of your placement with a particular mentor or in a particular group, "neighborhood". You agree to notify us in writing immediately concerning any grievances you may have with another member or HS administration staff.

7. Conduct Guidelines. This is a family-friendly website. We will not tolerate, and strictly prohibit the following activities:
a. The uploading, posting, emailing or otherwise transmitting of any postings, communications of any type or other materials which are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in the discretion of the health steward administration.
b. Any activity that is or reasonably forseeably may be harmful to any other person in any way.
c. Any impersonating of any individual, position or capacity.
d. Any forgery
e. The uploading of any materials which are copywrited, or which you otherwise have no right to upload.
f. The posting, uploading, emailing or otherwise transmitting advertisement, commercial solicitation of any kind, charitable solicitation, political advertisement, chain letters or spam, without express written consent of HS admin.
g. The uploading of viruses or any computer code designed to disrupt, interrupt, destroy or otherwise negatively affect the functioning and use of this website.
h. The violation of any law, whether intentional or unintentional.
i. The "stalking" or otherwise harassing of any user or administrative staff member.
j. The use of this site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
k. The assistance or acquiescence to any person who engages in any of the activities described above, or in any other activity that may cause harm of any kind to any other user or visitor to this website.
We reserve the right to edit any content we feel, in our discretion is in violation of the conduct guidelines, and may, at our sole discretion suspend or terminate any user who violates these conduct guidelines. As a user, you agree to notify us immediately of any activity that you feel is in violation of the conduct guidelines.
By monitoring and accepting reports from you regarding any violations of the Terms and Conditions or any other behavior which might be offensive, inappropriate or otherwise objectionable, we expressly do not take on the responsibility of guaranteeing that this website and its users or third party links or vendors will not violate these terms or otherwise cause you harm of any kind.

8. No Privacy/reserve right to remove harmful postings/chat sessions. All postings, chat sessions and forum communications may be monitored at any time by the administration. Communications on this website are not private communications. We reserve the right to remove or edit any postings or terminate any live chat communications, without notice, when we consider at our discretion, the material to be inappropriate.

9. Confidentiality. All content transmitted and placed on the website becomes our property. We undertake no obligation to keep any such materials in confidence. By placing said material on this site, you grant us, without limitation, a royalty-free, perpetual, irrevocable, non-exclusive right to use said materials.

10. Communications between users and with the administration. At times, you may wish to communicate with other users by phone, email or meeting. We shall not be responsible in any way for any communications or interactions of any type that you have with other users on or off of this website, whether the communications, interactions or meetings are solicited or not. As a registered user, you must notify the administration immediately of any unwanted communications by other users. Also, we are not responsible for the confidentiality of any emails, phone or other conversations that you direct to us, any member of the administration, any mentor or any other Healthsteward user or member.

You agree that HS may send electronic mail to you for the purpose of advising you of changes or additions to this site, about HS products or services, about Dr. Nicholas Yphantides’ public appearances and features in publications of any kind, or for any such purposes, as HS deems appropriate.

11. Parental or Guardian Permission. All children under the age of 18 (eighteen), must submit written, parental consent to use this website by mailing a copy of the same to the Healthsteward administration.

12. Third party links and vendors. We do not guarantee, endorse or take any responsibility whatsoever for any references or links to third party sites and products that appear on this site, whether they be contained in written form anywhere on the site, in an email generated by us or by another user or in a recorded housecall, announcement or report.

13. Health/professional advice disclaimer. This website provides a support forum for those wishing to lose weight and maintain weight loss in order to improve overall health. Healthsteward.com is not a medical organization and our staff cannot give you medical advice or diagnosis. The information dispensed by us through the website or other contact with you should not be construed as medical advice or diagnosis of as a substitute for physician consultation, evaluation or treatment. You are strongly urged to seek medical advice and a full physical examination before beginning any weight loss regimen or treatment.

14. Standard disclaimer of warranties and indemnification The content, materials, products and offerings appearing on this website or through other communication by us are provided “as is” and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular use, purpose title, compatibility, security, accuracy or non-infringement.

We do not guarantee that this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers are free of viruses or other harmful components. Any downloading or use of material from this website is done at your sole risk and you are solely responsible for any damage to your computer system or loss of data that results from such downloading.

We do not warrant any representations regarding the use of any products, plans, methods or programs appearing on this website or communications to you from other users, the administration or third party vendors as a result of your use of this website in terms of their correctness, accuracy, reliability or otherwise. No advice or information obtained by you from us or through your use of this website shall create any warranty not expressly provided for in these terms and conditions.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any damages of any kind whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or resulting from the use or inability to use this website, or the use of any content or other material appearing on the website or from communications stemming from the website or from any third party affiliates or vendors. In any event, we will not be responsible for any damages whatsoever relating to your use of the website or any matter relating to our website. In no event shall our liability exceed the amount paid by you, if any, for accessing our website, if you are dissatisfied with any portion of our website, or with any of these terms and conditions. YOUR SOLE, EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.

You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and any of our staff from any and all third party liability, claims, damages and/or costs, including but not limited to attorneys fees and expenses arising from your improper use of this website or our products, offerings or materials of any kind generated from the website, your violation of these terms and conditions, or your infringement (or use by any other user of your account) of any intellectual property or other right of any person or entity.

15. Severability. If any of these terms and conditions are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions together with the Subscription Agreement shall be the entire agreement between you and us relating to the subject matter herein.

16. Assignment. We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees.

17. Enforcement. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right thereunder 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.

18. Choice of law. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this website or these Terms and Conditions shall be filed only in the state or federal courts located in San Diego County, Escondido California and you hereby submit to the personal jurisdiction and venue of such courts for the purposes of litigating any such action.

19. Privacy Policy. We are dedicated to maintaining the privacy of the personal contact and credit card information you shared with us when you registered, aside from that you wished to have posted, or that which you, yourself posted or otherwise communicated through the website or agreed to disseminate to your mentor or other users. Otherwise, we agree to not sell, share, license, trade, or rent your personal credit card or contact information to others for any reason without your express consent.

20. Renewal Policy. If you paid your subscription by credit card, your subscription will be automatically renewed at the end of the term, and your credit card will be automatically charged for as long as you remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has not been charged. If you do not wish to renew your subscription at the end of the term, you must notify us in writing within ten (10) days of the end of your subscription term. If you did not pay by credit card, or the credit card information you provided has been removed or is no longer valid, you will not be able to access the services included in your subscription until you provide us with a new credit card or form of payment.