Terms


TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS WEBSITE. THE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

The information contained in this website is solely for use by residents of the United States, its territories, possessions and protectorates. If you access this website from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.

TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (these “Terms”) apply to this website (the “Site”). The Site is owned, operated, licensed or controlled by WellWire LLC, an Oregon limited liability company (“WellWire”).

Agreement to Terms and Conditions. By accessing, visiting and/or using the Site, you, the user, (a) acknowledge that you have read and understand these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site. WellWire may change these Terms at any time by posting the change to the Site. Please check these Terms periodically for changes. Your access or use of the Site after these Terms have been changed will mean that you agree to be bound by those changes. The date these Terms were last modified is set forth at the end of these Terms.

WellWire Does Not Provide Medical Advice. WellWire does not provide medical advice. The materials that are included in or displayed on the Site, including without limitation text, images, illustrations, designs, icons, photographs, video clips, logos, the HTML code for the Site, information obtained from medical practitioners, and other materials contained on the Site (“Materials”) are for informational purposes only. The Materials are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition and before you act on or otherwise utilize any of the Materials.

If you think you may have a medical emergency, contact your physician and/or call the emergency service number in your region immediately. WellWire does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by WellWire or other visitors or contributors to the Site is solely at your own risk. The Site may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

There is no doctor-patient or other health care provider-patient relationship created as a result of you utilizing or viewing the Materials. When using the Site, you are not a patient of WellWire or any content provider and you are not receiving any specific or individualized care. All of the Materials are informational only and cannot be used to diagnose, cure or treat any condition.

All medical anecdotes contained in the Materials are purely hypothetical or fictional and do not contain any information specific to any person or case.

Intellectual Property Infringement Claims. WellWire will promptly process, investigate and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, WellWire will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. WellWire will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the address or telephone number below:

Designated Copyright Agent
WellWire
email: info@wellwire.com

Please include the word “copyright” in the subject line for all claims of intellectual property infringement. Direct all other questions and comments to info@wellwire.com.

Security Rules. You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network or other user, including without limitation sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.

Restriction on Use of Materials. The Materials include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by WellWire. Without WellWire’s prior written permission, you may not (a) use the Materials on any other Website, in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for you personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

Trademarks and Service Marks. “WellWire”® is a service mark of WellWire. All other marks that appear throughout the Site belong to WellWire or to other parties and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in the Site without the express written permission of WellWire is strictly prohibited.

Discussion Groups. “Forum” means a discussion group, chat area, or any other bulletin board, or email function located at one or more pages of the Site in which visitors to those pages post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations and warranties regarding transmission set forth in Section 12 below. Visitors to the Forum will be solely responsible for the content of their messages. The content of each Forum is created by visitors to that Forum and is solely the responsibility of the creators. WellWire does not represent or warrant the reliability, accuracy or truthfulness of any such content.

Nature of Information. The information contained on the Site has been collected and/or prepared by WellWire as a service to its visitors. While WellWire has used reasonable efforts to verify that the Material and any other information on the Site is useful to its visitors, WellWire does not warrant or guaranty its accuracy or timeliness. The information included in the Site is presented in summary form, is for general informational purposes only and is not a substitute for a consultation with a doctor, nurse, or other health care professional. By using the Site, you agree not to use the information contained in or linked to the Site in violation of applicable law, and you agree to consult with a licensed professional regarding any questions or concerns you may have about any health matter. You bear all risks associated with the use of information in the Site, and your use of any such information is subject in all respects to these Terms.

Disclaimer of Warranties. All information and Materials, whether included in a Forum, in a directory, or in any page of the Site, is provided “AS IS” and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, WellWire disclaims all warranties, express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, title and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. WellWire does not warrant that use of the Site will be uninterrupted or error free, that defects will be corrected or that the Site, any Materials or any server(s) used by WellWire are free from viruses or other harmful components. WellWire does not make any representations regarding the use, validity, correctness, accuracy, reliability or truthfulness of the Site, any Materials or any sites linked to or from the Site. Without limiting the foregoing, WellWire makes no representations or warranties about the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Material contained on the Site. WellWire or its owners, affiliates, employees, or content providers DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTERED WITH THE AID OF THE MATERIALS.

Ad, Directory and Linking Disclaimers and Warning. WellWire may from time to time sell advertising space to persons who provide goods and/or services (“Advertisers”) and the Site may include links to Websites owned and operated by others (“Third Party Websites”). The directory listings, ads, and Third Party Websites are generally created and owned by Advertisers or other parties and are the responsibility of those persons and not of WellWire. Consequently, WellWire cannot and does not represent or warrant the validity, correctness, accuracy, reliability or truthfulness of any ads, directory listings or Third Party Websites. Although WellWire may periodically attempt to verify the accuracy of ads, directory listings and Third Party Websites, WellWire will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information included in the ads, the directory listings or the Third Party Websites. WellWire does not endorse any product advertised on the Site and is not affiliated with any such products. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment and caution in relying on information in any directories and ads included in the Site and in any Third Party Websites. We do not make any representations or warranties as to the security of any information, including without limitation credit card and other personal information, you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You bear all risk associated with the information in the Site, including all ads, directory listings, and Third Party Websites, and your use of any such information is subject in all respects to these Terms. WellWire reserves the right to terminate any links to other sites without notice.

Limitation of Liability. Under no circumstances, including without limitation negligence, will WellWire be liable for any indirect, special, incidental, consequential or any other damages, including without limitation loss of use, loss of data, lost profits, personal injury or wrongful death arising out of the use or inability to use the Site or the Material, even if WellWire has been advised of the possibility of such damages. WellWire will not be liable for any personal injury, including death, caused by your use or misuse of the Site or any Materials. Some states do not allow the exclusion or limitation of consequential and incidental damages, so the above limitation or exclusion may not apply to you. If your use of the Site or the Materials results in the need for service, repair or correction of equipment, software or data, you assume all cost related to that service, repair and correction. In addition, by accessing or using the Site, you agree that WellWire’s maximum aggregate liability to you, and your exclusive remedy, for all claims (whether based in contract, tort (including without limitation negligence), or any other legal theory) arising from accessing or using the Site or any Materials is limited to the amount paid by you, if any, for accessing the Site. Any Claims arising out of or related to the Site or these Terms must be brought within one year after the date of the event giving rise to such Claim.

Transmissions. WellWire will treat all messages, material, information or ideas (the “Transmission”) you transmit to or post on the Forum by any means, as non-confidential and non-proprietary, and WellWire may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services. WellWire will handle all personal data (i.e., name, address, credit card information) provided to WellWire in connection with the purchase of any products in the manner provided in WellWire’s Privacy Policy. By sending any Transmission to the Site, you agree that (a) the Transmission does not (i) violate any law, regulation or third party right; (ii) contain any nudity, pornographic or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility or product; (iv) invade the privacy of any person, infringe the proprietary rights of any person, constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; (b) you will not (i) use the Site for any commercial purpose, including without limitation advertisements; (ii) solicit funds, goods or services; (iii) solicit other visitors to the Site to join or become a member of any commercial online club, service or other organization; (iv) post chain letters or pyramid schemes; (v) post a link to any site that contains or does any of the prohibited actions described in subsection (a) above or this subsection (b); or (c) you will not impersonate another person. By sending any Transmission to the Site or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed. In addition, you warrant that all “moral rights” in those Transmissions have been waived.

No License. Except as expressly provided otherwise in these Terms, nothing in the Site, including these Terms, grants, by implication, estoppel or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials.

United States Government Restricted Rights. The Materials on the Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of WellWire’s proprietary rights in them.

Privacy. It is WellWire’s policy to respect the privacy of all visitors to the Site. For more information about WellWire’s Privacy Policy, please refer to our Privacy Policy.

Indemnity. You agree to defend, indemnify and hold WellWire, its owners, affiliates, employees, contractors, officers, telecommunication providers and content providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation reasonable legal and accounting fees, both at trial and on appeal, resulting from or alleged to result from your violation of these Terms

Governing Law. These Terms and all claims, disputes and controversies that may arise in connection with these Terms and the Site will be governed by the laws of the State of Oregon.

Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether pre-existing, present or future) against WellWire, its agents, employees, affiliates, successors and assigns (collectively, the “WellWire Affiliates”), relating to these Terms and/or the Site will be resolved by binding arbitration administered by the Arbitration Service of Portland (the “ASP”) under its arbitration rules then in effect or if it is unavailable for any reason, by the American Arbitration Association under its Commercial Arbitration Rules. You may obtain a copy of the ASP rules by writing to the ASP at 620 SW 5th Avenue, Portland, Oregon 97204, sending a request via email to arbserve@spiritone.com or via telephone at 1-503-226-3109. Any arbitration will be conducted before a single neutral arbitrator and will be limited solely to the dispute between you, the user, and WellWire. The arbitration will be conducted in Portland, Oregon, or by telephone or online. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Jurisdiction. The Site is controlled and operated from WellWire’s offices within the State of Oregon. If any claim, dispute or controversy is not subject to binding arbitration as provided in the preceding section, you expressly agree that the exclusive jurisdiction for such claim, dispute or controversy relating to the Site, including these Terms, will be the state and federal courts located in Portland, Oregon, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.

Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.

Separate Agreements. If any provision of these terms and conditions is unlawful, void or unenforceable for any reason, then that provision will be deemed to be deleted from these Terms and such deletion will not affect in any way the remaining provisions in these Terms.

Entire Agreement. This is the entire agreement between you and WellWire relating to the subject matter of these Terms. WellWire has the right at any time to change or modify these Terms. Such changes or modifications will be effective immediately and any use of the Site or the Materials after such changes or modifications will be deemed to constitute your acceptance of those changes or modifications. Except as set forth in this Section REF _Ref232928332 \r \h 22, these Terms may not be modified in any way except in a writing signed by you and a duly authorized officer of WellWire.

Assignment. You may not assign any right or delegate any duty under these Terms, whether by transfer, merger, operation of law or otherwise, without the consent of an authorized WellWire officer. If you are a corporation, limited liability company, partnership or any other form of legal entity, a change in control (voting or otherwise) will be deemed an assignment by you for purposes of this Section  REF _Ref232928459 \r \h 23. WellWire may grant, withhold or condition its consent to assignment or delegation in its sole discretion. Any attempted assignment or delegation by you will be void. WellWire may assign its rights and delegate its duties to any third party at any time without your consent.

Other Terms and Conditions. These Terms apply to all uses of the Site unless you and WellWire have signed a separate formal contract, in which case that separate agreement will govern to the extent it conflicts with these Terms.

Notices, Questions, Communications. If you wish to contact WellWire, please direct all inquiries (except for claims of copyright infringement) to info@wellwire.com. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.

LAST UPDATED: 6/16/09

Copyright 2009 – WellWire LLC. All rights reserved.

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