PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY. This website (the “Site”) is provided by Health and Wellness Partners, LLC, (“HWP”). By using the Site you agree to these Terms and Conditions of Use (“Terms and Conditions”). HWP reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time and without notice. By continuing to use the Site, you agree to any such changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions, as amended, you should not use the Site.
Terms and Conditions – In General. By using the Site, you agree to be legally bound by these Terms and Conditions just as if you had signed these Terms and Conditions. In our sole discretion and without prior notice or liability to you, we may discontinue, modify or alter any aspect of the Site. By using the Site you acknowledge and agree that HWP shall not be liable to you or any third-party for any modification, interruption or suspension of your access to, or use of, the Site.
License; Restrictions on Use of Materials. Subject to your compliance with these Terms and Conditions, HWP grants you a non-exclusive, non-transferable, limited right to access and use the Site and the information provided herein.
You acknowledge that the Site contains information, software and other materials (collectively, “Content”) that are protected by copyrights, database rights, patents, trademarks, trade secrets and/or other proprietary rights, in addition to restrictions as to confidentiality, privacy and security, and these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. The modification of the Content or use of the Content for any purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited.
Data. HWP shall have no responsibility whatsoever for any inaccuracy or deficiency in any of the data contained in the Site.
Ownership. You acknowledge and agree that no right or title to ownership of the Site or any intellectual property rights contained herein is transferred to you by virtue of the license granted herein and HWP and/or its licensors have, and shall at all times retain, all right, title and interest in and to the Site, the Content and any other intellectual property contained herein.
Links to Other Websites. HWP, through this Site, along with other third party providers, may provide links to other World Wide Web sites or resources. The inclusion of any such links does not imply endorsement, sponsorship or recommendation of such websites by HWP. HWP does not have any control over such other websites and resources, and is therefore not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Furthermore, HWP shall not be liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such other website or resource.
Disclaimer of Warranties. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: ALL CONTENT AND MATERIALS ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HWP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY. NEITHER HWP NOR ANY OF ITS LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER HWP NOR ANY OF ITS LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Disclaimer and Limitation of Liability. IN NO EVENT SHALL HWP, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING FROM THE USE OF, OR RELATING TO, THIS SITE INCLUDING WITHOUT LIMITATION THE CONTENT, INFORMATION OR DATA CONTAINED IN OR ACCESSIBLE THROUGH THE SITE; ANY ERRORS IN SUCH CONTENT, INFORMATION OR DATA; ANY MODIFICATION, INTERRUPTION OR SUSPENSION OF YOUR ACCESS TO, OR USE OF, THE SITE (FOR ANY REASON); ANY COMPUTER VIRUSES EMANATING FROM OR TRANSMITTED THROUGH THE SITE OR LINKS TO OTHER WEBSITES CONTAINED WITHIN THE SITE; UNAUTHORIZED ACCESS TO INFORMATION CONTAINED AT THE SITE; FAILURE OF THE SITE TO PERFORM PROPERLY; ANY OTHER INFORMATION CONTAINED AT THE SITE; ANY LOSS OR INJURY TO THE PROPERTY OR PERSONS (INCLUDING THE USER OF THE SITE AND ANY THIRD PARTIES); AND ANY DAMAGES WHATSOEVER RESULTING FROM LOST PROFITS OR DATA, HOWEVER ARISING, WHETHER BY AN ACTION IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, INCURRED BY YOU OR ANY THIRD PARTY, REGARDLESS OF WHETHER HWP OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.
Indemnification. You agree to defend, indemnify and hold harmless HWP, its directors, officers, agents and employees (collectively, the “Indemnified Parties”) from and against any and all liability, loss, damage, action, claim or expense (including attorney’s fees) (collectively, “Liabilities”) that results from or arises out of or in connection with: (a) your use of the Site and/or (b) any breach by you of these Terms and Conditions. Governing Law; Choice of Forum. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or equity arising out of or relating to your use of this Site or these Terms and Conditions shall be filed only in the state and federal courts of and situated in the State of New Jersey and you hereby consent and submit to the personal jurisdiction of such Court for the purposes of litigating any such action. Statute of Limitations. Any causes of action arising out of or related to the Site or these Terms and Conditions must be commenced within one (1) year after the basis for the underlying cause of action has occurred. Any such causes of action not otherwise timely commenced within this one (1) year time period shall be barred.
Force Majeure. HWP shall not be liable to perform any of its obligations hereunder, and shall not be responsible for or in connection with any failure of the website or its performance, during any period in which such performance by HWP becomes impossible or impractical due to war, civil disturbance, act of God, act of nature, act of government, strike, labor dispute, boycotts, import, export or other trade restrictions, scarcity of supplies or utilities, disruption of transportation, damage to plant, equipment or facilities, machinery breakdowns, electrical shortages or failures, terrorist acts or threats, weather conditions, delay in receiving or inability to receive necessary materials or any other cause which is beyond HWP’s reasonable control.
Miscellaneous Terms. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter herein. These Terms and Conditions may be modified by our posting of changes to these Terms and Conditions on this website. Each time you access this website, you will be deemed to have accepted any such changes. 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. 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 under the Terms and Conditions, 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. No third party shall have any rights hereunder.