Terms and Conditions of Use

These Terms and Conditions of Use ("Terms") are a legal contract between WellnessWatchersMD Corporation (collectively, "WellnessWatchersMD," "us" or "we"), and you, the user accessing or using this web site ("you" and its derivatives) accessible through the URL address of http://www.WellnessWatchersMD.com ("Site").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THESE TERMS DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES IN CONJUNCTION WITH YOUR USAGE OF THE SITE. BY ACCESSING ANY PORTIONS OF THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS JUST AS IF YOU HAD SIGNED THEM. YOU ARE ALSO SUBJECT TO ANY ADDITIONAL TERMS IN ANY INFORMATION, MATERIAL OR SERVICES YOU ACCESS FROM THE SITE. ALL SUCH ADDITIONAL TERMS ARE INCORPORATED BY REFERENCE INTO THESE TERMS. WELLNESSWATCHERSMD MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU, AND SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS. PLEASE REVIEW THESE TERMS EACH TIME YOU USE THE SITE.

By using this Site, you agree to be bound by these Terms, and your continued use of this Site following any modification to the Terms, means you accept and agree to be bound by such modifications. If you do not agree to all of these Terms of use, you are not permitted to use this Site!

1. USE OF THE SITE AND CONTENT

The contents of the Site such as text, graphics, images, audio, videos, Submissions (as defined below), works of authorship and other material contained on the Site ("Content") are for informational purposes only. You may view or download a single copy of the Content on the Site solely for your personal, noncommercial use if you retain all copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference. Hypertext linking to this Site is permitted by you. However, WellnessWatchersMD may disable any such link in WellnessWatchersMD's sole discretion. Framing or any other use of this Site that serves to affect the identity of this Site or the source of the Content is prohibited. This first paragraph of Section 1 is collectively "Authorized Use(s)."

Content and features are subject to change or termination without notice in the sole discretion of WellnessWatchersMD. All rights not expressly specified in the Authorized Uses are reserved to WellnessWatchersMD and its licensors. If you violate any of these Terms, your permission to use the Site and to access the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

You may not use the Site or Content to: (i) perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable or interfering with the performance of the Site; (ii) perform any activity which will or may breach a third party right; (iii) engage in public or commercial activities, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any information offered on the Site; (iv) copy, publish, broadcast, modify, distribute or transmit the Content not otherwise authorized in these Terms; (v) conduct any other act or omission not expressly authorized or required by these Terms ("Prohibited Use(s)" ). You shall not use the Site to gain any unauthorized access to, or conduct any Prohibited Use on, any other WellnessWatchersMD software, equipment, system or network.

2. THIRD PARTIES

When using the Site, the Content will be transmitted over a medium that may be beyond the control and jurisdiction of WellnessWatchersMD and its affiliates. Accordingly, WellnessWatchersMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any Content transmitted in connection with use of the Site.

WellnessWatchersMD may provide links to third-party web sites ("Third Party Sites") and may from time to time provide third party material ("Third Party Materials") on the Site. WellnessWatchersMD also may select certain sites as priority responses to search terms you enter and WellnessWatchersMD may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. These Third Party Sites and Third Party Materials are only provided as a convenience to you. The inclusion of any Third Party Materials or links to Third Party Sites is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by WellnessWatchersMD of any such information or site. The terms and conditions of such sites are likely to be different from these Terms. WellnessWatchersMD does not recommend and does not endorse the Third Party Sites or Third Party Materials. WellnessWatchersMD is not responsible for Third Party Sites or Third Party Materials, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. WellnessWatchersMD does not endorse any product advertised on the Site.

3. ADULT AND TEEN USAGE

The Site shall be used only by persons who are at least 13 years old. If you are younger than 13 years old, you may not access the Site. If you are a parent or other person charged with the care of persons younger than 13 years old, you agree to restrict access to the Site through your computers to persons who are at least 13 years old. If one of your children accesses the Site and provides WellnessWatchersMD with personally identifiable information, promptly contact WellnessWatchersMD in writing whereby WellnessWatchersMD will use reasonable efforts to delete all personally identifiable information regarding such minor from its databases.

4. DISCLAIMERS AND WARNINGS

4.1 THE SITE MAKES NO GUARANTEE OF VALIDITY

Be advised that although the Content has been written and/or reviewed by healthcare professionals, the Content may not be completely accurate. Although you may find valuable and accurate Content on the Site, WellnessWatchersMD does not guarantee the accuracy or validity of the Content, and the Content is not peer reviewed. If you need specific medical advice, visit your healthcare professional.

Access to or viewing of certain Content could be in violation of the laws of the country or jurisdiction from where you are viewing such information. The Site is operated on servers in the United States of America, and is maintained under the protections of local, state and federal law. Laws in your country or jurisdiction may not protect or allow the same kinds of publication, downloading, speech or distribution. WellnessWatchersMD does not encourage the violation of any laws; and is not responsible for any violations of such laws arising from your use of the Site.

WellnessWatchersMD makes no representation or warranty as to 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 Content contained on the Site.

4.2 THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the WellnessWatchersMD.com Site, such as text, graphics, images, information obtained from WellnessWatchersMD.com's licensors, and other material contained on the WellnessWatchersMD.com Site ("Content") are for informational purposes only. The Content is 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 questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the WellnessWatchersMD.com Site!

If you think you may have a medical emergency, call your Health Guru or 911 immediately.

WellnessWatchersMD.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by WellnessWatchersMD.com, WellnessWatchersMD.com employees, others appearing on the Site at the invitation of WellnessWatchersMD.com, or other visitors 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.

4.3 USE THE SITE AT YOUR OWN RISK

Any reliance or or use of the Site or the Content is solely at your own risk.

INFORMATION YOU MAY FIND ON THIS SITE MAY BE INACCURATE, MISLEADING, OR DANGEROUS.

You should take all steps necessary for you to ascertain that any Content is correct. Check all references in each article and double-check all Content with independent sources.

The Site is not sufficient to inform you about adequate safety precautions.

4.4 DISCLAIMER OF WARRANTIES

The Site and Content are provided on an "as is" basis. WellnessWatchersMD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SITE AND THE CONTENT, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THIS SECTION REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN WellnessWatchersMD AND YOU.

Without limiting the foregoing, WellnessWatchersMD, its licensors, and its suppliers make no representations or warranties about the following:

  • The accuracy, reliability, completeness, currentness, or timeliness of the Content or communications provided on or through the use of the Site.
  • 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 Content contained on the Site.

4.5 REFUND POLICY

Upon request, WellnessWatchersMD will refund in full any purchase made within the previous 30 days. Simply call 1-800-591-6383 between 9:00 a.m. and 9:00 p.m. Eastern, Monday through Friday.

5. LIMITATION OF LIABILITY

In no event shall WellnessWatchersMD or its contributors, administrators, officers, directors, members, managers, agents, employees, licensors, suppliers or any third parties mentioned on the Site (collectively, the “WellnessWatchersMD Parties”) be liable for any damages (including, without limitation, direct, indirect, special, punitive, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or relating to the Site and Content or resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, strict liability, or any other legal theory, and whether or not any WellnessWatchersMD Parties are advised of the possibility of such damages. To the extent that the foregoing limitations are found to be invalid in any way, the maximum aggregate liability to you of the WellnessWatchersMD Parties shall not exceed the fees (if any) paid by you for the particular Content or portion of the Site that is the subject of the claim. The WellnessWatchersMD Parties are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. You hereby waive and release the WellnessWatchersMD Parties from any and all claims arising in connection with the Site or the Content that are not brought within such period. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

6. INDEMNITY

You agree to defend, indemnify, and hold the WellnessWatchersMD Parties harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, all damages, judgments, fines, costs, and expenses (including reasonable legal and accounting fees), resulting from, or alleged to result from, (i) your violation of these Terms, (ii) your access of the Site, (iii) from your use of the Content, or (iv) any Submissions or Suggestions (each as defined below) submitted by you.

7. TERMINATION AND REMEDIES

If you breach these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any copies of Content in your possession. WellnessWatchersMD may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, the Site, and to prevent your access to the Site. You agree that WellnessWatchersMD would be irreparably harmed if you breach this provision and that monetary damages would be inadequate to remedy such breach. Accordingly, you also agree that, in the event of such a breach, WellnessWatchersMD shall be entitled to seek and obtain specific and injunctive or other equitable relief as the appropriate remedy for such a breach. Failure by you to abide by these Terms may result in WellnessWatchersMD referring you to appropriate law enforcement authorities and/or securities regulators.

8. INTELLECTUAL PROPERTY

8.1 GENERAL

Subject to your compliance with these Terms, WellnessWatchersMD grants you the limited license to access, view, print a single paper copy and save a single electronic copy of the Content solely for your personal, non-commercial use. WellnessWatchersMD may revoke such privilege at any time with or without notice for any reason or no reason. In the event you become aware that any other party or entity requires or is interested in the Content, you shall advise such individuals to contact WellnessWatchersMD in order to obtain access to such Content. The Content is protected by intellectual property rights under both United States and foreign laws as further described below. As between the you and us, ownership of the Content remains with WellnessWatchersMD or its affiliates or licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate intellectual property laws and/or the intellectual property rights of WellnessWatchersMD, its affiliates or licensors. You may not delete or change any proprietary, copyright or trademark notices from any Content.

8.2 COPYRIGHTS

All Content and other works on the Site and any reproductions of any of the foregoing are the copyrighted works of WellnessWatchersMD and/or its affiliates or licensors, and are protected under U.S. and worldwide laws and treaty provisions. Other than the limited grant of access to, viewing, printing and saving of the Content as set forth above, WellnessWatchersMD grants you no other privileges or rights in any of the Content. You acknowledge that any other use of the Site or Content, including without limitation, framing, reproduction, modification, distribution, transmission, republication, display or performance, without the prior written permission of WellnessWatchersMD and/or its affiliates or licensors, is strictly prohibited.

8.3 TRADEMARKS

All page headers, custom graphics, logos, button icons and other distinctive words, names, signs, symbols, expressions, sounds, images, colors, themes and packaging on the Site are the trademarks, service marks, trade dress, collective marks, design rights, personality rights or similar rights ("Marks") the property of their respective owners. Their use does not imply that you may use them for any other purpose other than for the same or a similar informational use as contemplated by these Terms. Unless otherwise stated by WellnessWatchersMD, neither endorsed nor affiliated with any of the holders of any such rights and as such, WellnessWatchersMD cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk.

You shall not display, use or reproduce any of the Marks in any manner without prior written consent from WellnessWatchersMD. Without limiting the generality of the foregoing, WellnessWatchersMD specifically prohibits the use of any Mark in conjunction with a link to the Site or any WellnessWatchersMD web site unless the establishment of such a link is approved in advance by WellnessWatchersMD in writing. Failure to obtain such approval shall entitle WellnessWatchersMD to seek an injunction enjoining such use.

9. POLICY

Any personal information that you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

10. ENHANCEMENT SUGGESTIONS

If you have any suggestions, ideas, concepts, improvements, or other enhancements with respect to the Site (collectively, "Suggestions") that you submit to WellnessWatchersMD via email or otherwise through the Site, such Suggestions are non-confidential for all purposes and shall be deemed a grant of permission by you for WellnessWatchersMD to adopt and use such Suggestions without additional consideration. If you wish to keep any Suggestions private or proprietary, do not submit them to this Site via email or otherwise through the Site. To keep any such Suggestions private or proprietary to you, you must separately contact WellnessWatchersMD, and if WellnessWatchersMD desires to do so, enter into appropriate written agreements with WellnessWatchersMD regarding such Suggestions any disclosure to WellnessWatchersMD or submission to the Site.

11. USER SUBMISSIONS

The Site permits you to submit or upload text, files, graphics, images, audio, photos, videos, works of authorship, Suggestions and other content or materials (collectively, “Submissions”). If you make any such Submissions, you agree that you will not send or transmit to WellnessWatchersMD any Submission that infringes or violates any rights of any party, including, without limitation, any privacy rights, publicity rights, contract rights, intellectual property rights or other rights of any third party.

With respect to all Submissions you elect to submit to or post on the Site or otherwise direct to WellnessWatchersMD, you represent and warrant to WellnessWatchersMD that you own or have obtained all required rights to such Submissions and hereby grant to WellnessWatchersMD a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, sublicense and display such Submissions (in whole or part) and/or to incorporate such Submissions in other works in any form, media or technology now known or later developed, and to sublicense such rights to third parties. In addition to any other restrictions set forth in these Terms, you are strictly prohibited from submitting to WellnessWatchersMD or the Site any Submission that: (i) is unlawful, obscene, pornographic, defamatory, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or otherwise in the reasonable judgment of WellnessWatchersMD, exposes WellnessWatchersMD to unreasonable risk of legal liability as determined by WellnessWatchersMD in its sole discretion; (ii) is intended to abuse or to violate the property rights of WellnessWatchersMD or others, including, without limitation, Submissions that upload or otherwise result in the distribution of viruses, worms, time bombs, Trojan horses, or other destructive activities; (iii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, unfair or deceptive trade practices, false advertising, consumer protection, or obscenity); or (iv) contains personal information (e.g., name, telephone number, address, social security number, credit card numbers, etc.) or photos, videos or likenesses of any other person besides you without the explicit written approval of such person to submit such materials to WellnessWatchersMD or the Site.

12. NOTICE AND TAKEDOWN PROCEDURES

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by providing WellnessWatchersMD with the following information at the address below:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

WellnessWatchersMD's agent for copyright issues relating to this Site is as follows:
WellnessWatchersMD
Attn: Copyright Issues
1451B Chews Landing Road
Laurel Springs, NJ 08021
Tel: 1.800.591.6383

13. MISCELLANEOUS

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Sections 4 (Disclaimers and Warnings), 5 (Limitation of Liability), 6 (Indemnity), 7 (Termination and Remedies), 8 (Intellectual Property), 10 (Enhancement Suggestions), 11 (User Submissions), and 13 (Miscellaneous). You expressly agree that exclusive jurisdiction for any dispute with WellnessWatchersMD, or in any way relating to your use of the Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving WellnessWatchersMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid, illegal or otherwise unenforceable by any court having competent jurisdiction, the invalidity, illegality or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, but such invalid, illegal or unenforceable term shall be ddemed modified to the extent necissary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the original intentions and agreements of the parties herein set forth. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Except as expressly provided in a particular "legal notice" on the Site, these Terms and the Privacy Policy constitute the entire agreement between you and WellnessWatchersMD with respect to the use of the Site and Content and supersede any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of WellnessWatchersMD. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. If you have any questions about this Site or these Terms, please contact us at: WellnessWatchersMD, 1451B Chews Landing Road
Laurel Springs, NJ 08021

This policy was last updated on June 17, 2008

 

 


 

 

 

All material © 2010 WellnessWatchersMD. All rights reserved.
Use of this site constitutes acceptance of WellnessWatchersMD's terms of use and privacy policy. The information provided in this Web site is intended for your general knowledge only, and is not a substitute for professional medical advice or treatment for specific medical conditions. Please see your personal physician immediately if you have any concern about your health, and you should always consult your physician before starting a fitness regimen.