Website Terms of Use Agreement
This Terms of Use Agreement was last modified on September 9, 2016.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
This Terms of Use Agreement (“Agreement”) is a binding legal contract between you (“You” either an individual or a legal entity) and Wheeler Clinic, Inc. (“Wheeler,” “we,” or “us”). This Agreement governs your access to and use of the websites offered by Wheeler including, without limitation, www.wheelerclinic.org, and any software, programs, services, tools, features, databases, materials, content, or information available through it or used in connection with it (collectively, the “Website”). By downloading, accessing, or using any part of the Website you have accessed, You will be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, Wheeler does not grant You the right to use or access the Website.
Wheeler may change, add, or remove portions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review this Agreement and our Privacy Policy prior to each use of the Website. By continuing to use the Website, you agree to any changes.
Use of Website
Wheeler grants You the right to access and use the Website. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
Accessing the Website
To access certain features on the Website, You may be asked to provide certain payment details or other information. It is a condition of Your use of the Website that all the information You provide is correct, current, and complete. You agree that all information You provide, including but not limited to through the use of any interactive features of the Website, is governed by our Privacy Policy. You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
General Disclaimer
The Wheeler Website contains information on featured topics, including, but not limited to, addiction, child development, depression, and intellectual disabilities. This information may be supported by news and research articles that may be applicable to You or your family or loved ones. These communications and resources are for general educational and informational purposes only and should not be relied upon as a substitute for Your own or another doctor’s professional medical judgment or advice or construed, directly or indirectly, as the provision of medical advice or services by Wheeler or its affiliates.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Disclaimer of Warranties
USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH OR BY WHEELER VIA THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. WHEELER RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR WEBSITE, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHEELER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND THAT WHEELER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WHEELER WEBSITE OR THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. WHEELER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.
WITHOUT LIMITING THE FOREGOING, WHEELER MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE AND INFORMATION RETRIEVED FROM IT. WHEELER ASSUMES NO RESPONSIBILITY FOR COMPLETENESS, ERRORS, OR OMISSIONS IN THE INFORMATION, SERVICES, OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT SHALL WHEELER BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE WEBSITE. WHEELER SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.
IF YOU ARE NOT SATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE WEBSITE.
Indemnification
You agree to indemnify, defend (subject to Wheeler’s right, in its sole discretion, to assume exclusive defense and control), and hold harmless Wheeler, its partners, consultants, officers, directors, employees, contractors, and advisors from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from (i) any breach of this Agreement, (ii) Your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by You or by Wheeler, or (iii) Your access or use of the Website or its content.
Wheeler reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Wheeler’s defense of such matter.
Intellectual Property
All intellectual property rights in the Wheeler Website and any documentation relating to the Services is property of Wheeler.
The Wheeler name, the Wheeler logo and all related names, logos, product and service names, designs, and slogans are trademarks of Wheeler. You must not use such marks without the prior written permission of Wheeler.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, code, HTML, text, displays, images, graphics, artwork, photographs, video and audio, and the design, selection, and arrangement thereof), are owned by Wheeler and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by us with respect to Your data in compliance with the Privacy Policy.
Limitations on Your Use of the Website
You agree not to access or use the Website in an unlawful way, for any unlawful purpose, or for any purposes other than its intended purposes. You agree not to (i) post or transmit any information which is libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, (ii) take any action that imposes an unreasonable load on the Website’s infrastructure, (iii) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including any virus, worm, Trojan horse, or other code which is contaminating or destructive to the files or programs of the Website, (iv) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Website, or (v) delete or alter any material posted on the Website. Wheeler reserves the right to delete any information provided by You that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of a copyright, trademark, or other intellectual property or ownership right of any other person.
Links to Third-Party Sites
The Website may contain links to third-party websites that are not under the control of Wheeler or its partners. These links are provided solely as a convenience and do not imply an endorsement or recommendation by Wheeler. Use of any third-party websites is governed by their own terms of use and privacy policies and Wheeler is not responsible for and does not make any representations regarding the content or accuracy of materials on such third-party sites. Accordingly, Wheeler is not responsible for the accuracy, copyright compliance, legality, or legitimacy of material contained in third-party websites that may be accessible via a hyperlink to or from this Website or for the hyperlink itself. Wheeler does not make any representations or warranties as to the security of any information You might be requested to give any third party, and You hereby irrevocably waive any claim against Wheeler with respect to such sites. You should take precautions when downloading files from all websites to protect Your computer from viruses and other destructive programs. If You decide to access any external sites, You do so at Your own risk. Wheeler strongly encourages You to make whatever investigation You feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
General
1. Governing Law
This Agreement shall be governed by the laws of the State of Connecticut applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree that New Britain, Connecticut shall be the sole and exclusive venue for any legal action or proceeding between Wheeler and You for any purpose concerning this Agreement or the Website. You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action or claim You may have with respect to the use of the Wheeler Website or this Agreement must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
2. Entire Agreement
This Agreement and our Privacy Policy constitute the sole and entire agreement between You and Wheeler with respect to the Website and use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to use of the Website.
3. Modifications to this Agreement
We may, without advance notice, supplement or change this Agreement at any time. Any changes made to this Agreement will be effective as soon as we post them on the Wheeler Website. By accessing the Website, You agree to be bound by all the terms and conditions of this Agreement as posted on the Wheeler Website at the time of Your access or use. It is Your sole responsibility to review this Agreement each time You access the Website so that You are aware of any changes to the Agreement. If any change to this Agreement is not acceptable to You, Your sole remedy is to cease accessing, browsing, and otherwise using the Website.
4. Modifications to the Website
We are constantly changing and striving to improve the Website. We may update the content pertaining to the Website from time to time, but its content is not necessarily complete or up to date. Any of the material pertaining to the Website may be out of date at any given time, and we are under no obligation to update such material. We may add or remove functionalities or features, and we may suspend or stop the Website altogether.
5. No Assignment
You may not assign or transfer any rights to any other person without Wheeler’s prior written consent.
6. Severability
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
7. Survival
The provisions of this Agreement titled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Intellectual Property,” “Governing Law,” “Entire Agreement,” “No Assignment,” “Waiver,” “Agreement to Arbitrate,” and “Waiver of Jury Trial and Class Actions” shall survive the termination of this Agreement.
8. Third Parties
This Agreement controls the relationship between Wheeler and You. A person who is not a party to this Agreement has no right to benefit under or to enforce any term of this Agreement.
9. Waiver
If Wheeler does not exercise or enforce any particular right or provision in this Agreement, this does not mean that we are giving up any rights that we may have (such as taking action in the future), and Wheeler does not waive that right or provision.
Wheeler’s failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Agreement, shall not be considered waiver thereof, which can only be made by a signed writing. No single waiver shall be considered a continuing or permanent waiver.
10. Agreement to Arbitrate
This Agreement provides that all disputes between you and Wheeler will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
11. Waiver of Jury Trial and Class Actions
BY ENTERING INTO THIS AGREEMENT, YOU AND WHEELER ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WHEELER AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WHEELER BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Breach
You agree that if You breach of any term of this Agreement, including the foregoing representations, Wheeler has the right to suspend or terminate Your use of the Website, and You will defend and indemnify Wheeler and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
Your Comments and Concerns
The Website is operated by Wheeler Clinic, Inc. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@Wheelerclinic.org.
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