Effective Date: August 1st, 2013
Medpro Wellness, Inc. (hereinafter “MPW”, “we” or “us”) provides the website www.myhint.co, www.medprowellness.com, MPW’s mobile computing applications, the software running on our licensees’ websites and platforms, and the health management tools and updates delivered by MPW (collectively, the “Services”), subject to your compliance with the conditions set forth in this Terms and Conditions Agreement (the “Agreement”). This Agreement set forth the legally binding terms and conditions governing your use of the Services. If you do not agree to these terms and conditions, you may not use the Services.
MPW may revise or update the Terms and Conditions by posting an amended Agreement through the Services and making you aware of the revisions. Your use of the Services following an update to this Agreement is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Services.
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, MPW hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use and access the Services only on your computing device for personal use. No rights not explicitly listed are granted.
We collect two types of information about persons who use our Service: voluntarily provided personal information and automatically collected information.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
AVAILABILITY, ELIGIBILITY AND USE OF THE SERVICE
You may not use the Service unless you are at least 13 years of age. While we make reasonable efforts to ensure that the Services remain available at all times, we do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services or its features at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. DO NOT RELY ON THE SERVICES FOR MEDICAL CARE OR TREATMENT.
NOT MEDICAL ADVICE
ALL OF THE INFORMATION AND GUIDANCE PROVIDED BY THE SERVICE IS FOR INFORMATION PURPOSES ONLY. THE INFORMATION AND GUIDANCE IS AUTOMATICALLY GENERATED BY THE SERVICE, BASED ON CERTAIN INFORMATION THAT YOU ENTER INTO THE SERVICE OR MAKE AVAILABLE TO THE SERVICE, AND IS NOT GENERATED OR REVIEWED BY A PHYSICIAN, NURSE OR OTHER HEALTH CARE PROVIDER. THE SERVICE, AND EVERYTHING CONTAINED WITHIN OR PROVIDED BY THE SERVICE, SHOULD NOT BE CONSIDERED, AND MAY NOT BE USED AS, A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE INFORMATION IS PROVIDED TO EDUCATE CONSUMERS, AND IS NOT A REPLACEMENT FOR YOUR ORDINARY MEDICAL CARE ROUTINE.
YOU AGREE THAT THE SERVICE, AND THE INFORMATION PROVIDED BY THE SERVICE, DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT.
WE ADVISE YOU TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY.
IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice. We make reasonable efforts to accurately display the colors, sizes, dimensions, materials, textures, and all other aspects (“Depiction”) of the goods, products and items (the “Materials”) that may appear on the Service. However, the actual Depictions you see may be dependent upon the display of your computing device. If you use the Service from a cell phone or other mobile device, you may incur data charges from your carrier.
RULES OF CONDUCT
Your use of the Services is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You agree that you will not violate any applicable law or regulation in connection with your use of the Service. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
- is unlawful or encourages another to engage in anything unlawful;
- contains a virus or any other similar programs or software which may damage the operation of MPW’s or another’s computer;
- violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party;
- is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable;
- constitutes offers to sell or advertisements of any kind; or
- contains a chain letter, contest or pyramid scheme.
You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others. You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service. Further, you may not interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing. Transmitting to or making available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity is prohibited. You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Further, you may not take any action that imposes, or may impose, in MPW’s sole discretion, an unreasonable or disproportionately large load on MPW’s infrastructure.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
CONTENT SUBMITTED OR MADE AVAILABLE TO MPW
You acknowledge that MPW is under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material.
CONTENT SHARED THROUGH MPW
The Services may make it possible for you to choose to share certain information, including health information, with the public. There are a number of ways in which you can control how much information is shared with the public, and MPW will make efforts to comply with your instructions. You understand that by designating information to be shared through the Services, you may be revealing information about gender, health or nationality, or other sensitive information that you choose to share. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that MPW shall not be help responsible, and MPW shall be released and held harmless by you from any liability or damages arising out of such conduct.
MPW’s INTELLECTUAL PROPERTY
MPW graphics, logos, names, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of MPW. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of MPW or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.
ENFORCEMENT AND TERMINATION OF SERVICES
MPW reserves the right to deny all or some portion of the Service to any user, in MPW’s sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, MPW has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to MPW related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.
DISCLAIMERS AND LIMITATION ON LIABILITY
BY USING THE SERVICE YOU AGREE AND ACKNOWLEDGE THAT MPW PROVIDES THE SERVICES, AND ALL INFORMATION DELIVERED THEREBY, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MPW, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MPW SHALL CREATE ANY WARRANTY.
USE OF THE SERVICE IS AT YOUR SOLE RISK. MPW DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MPW, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF MPW AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither MPW nor any of its subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $100.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that MPW causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
You agree to defend, indemnify and hold MPW and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Service, (b) your use of the Service, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Service.
DISPUTES, GOVERNING LAW AND JURISDICTION
You agree that any claim or dispute arising out of or relating in any way to your use of the Service or any service provided by MPW, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New Jersey shall govern this Agreement, and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Medpro Wellness, 220 Davidson Ave, Somerset NJ 08873.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You and MPW agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and MPW agree that parties have each waived any right to a jury trial.
Notwithstanding the foregoing, you agree that MPW may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Services, or to MPW, may only be brought by you in a state or federal court located in New Jersey. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW JERSEY. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
POLICIES FOR CHILDREN
The Services are not directed to individuals under the age of 13. In the event that MPW discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions.This Agreement may only be revised in a writing signed by MPW, or by your agreement to a revised version published by MPW on the Service.
No Partnership.You agree that no joint venture, partnership, employment, or agency relationship exists between you and MPW as a result of this Agreement or your use of the Services.
Assignment. MPW may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without MPW’s prior written consent, and any unauthorized assignment by you shall be null and void.
Attorneys’ Fees. In the event any litigation is brought by MPW in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices.All notices given by you or required under this Agreement shall be in writing and addressed to: Medpro Wellness, 220 Davidson Ave, Somerset NJ 08873.
Equitable Remedies. You hereby agree that MPW would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement.This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and MPW with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
ADDITIONAL TERMS APPLICABLE TO iOS-POWERED SOFTWARE
In the event that you use the Service through software operating on iOS, the following additional terms apply:
- Your use of MPW’s iOS application is be subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.
- You agree that Apple has no duty or obligation to provide support or maintenance services with respect to our iOS application.
- To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to our iOS application.
- You agree that MPW, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS application or your possession and/or use of our iOS application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You agree that Apple is not responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to MPW’s iOS application or your possession and use of MPW’s iOS application.
- You agree to comply with all applicable third party terms of agreement when using MPW’s iOS application, such as the terms of your wireless carrier, where applicable.