TERMS OF USE

(Last Updated: January 2019)

Thanks for using Access Health & Wellness AssociationTM. Our website is available at www.AHWA.com . For purposes of these Terms of Use, Access Health & Wellness AssociationTM may be referred to herein as “AHWA,” “we,” “us,” or “our”. These Terms of Use and our Privacy Policy (the “Privacy Policy”) govern the Consumer’s access to and use of our various websites (including www.AHWA.com ), applications, widgets, email notifications, and other mediums, or portions of such mediums (collectively, our “Services”).

Introduction

Please read these Terms of Use and the Privacy Policy carefully before you, the consumer (“Consumer”), downloads, installs, accesses or uses our Services. By downloading, installing, accessing or using our Services, the Consumer agrees to be bound by these Terms of Use and the Privacy Policy. The Consumer’s download, installation, access or use of our Services constitutes the Consumer’s acceptance of these Terms of Use and the Privacy Policy, which takes effect on the date on which the Consumer downloads, installs, accesses or uses our Services. If the Consumer does not agree with these Terms of Use or the Privacy Policy, the Consumer should cease downloading, installing, accessing or using our Services immediately.

These Terms of Use contains an agreement to arbitrate all claims and disclaimers of warranties and liability. The Consumer may pursue claims against us only on an individual basis, and not as part of any class or representative action or proceeding, and the Consumer may seek relief (including monetary, injunctive and declaratory relief) only on an individual basis.

We may immediately terminate any Consumer’s access to or use of our Services if the Consumer fails to comply with any provision of these Terms of Use and/or the Privacy Policy.

Consideration and The Consumer’s Compliance with these Terms of Use

The Consumer acknowledges that these Terms of Use and the Privacy Policy are each supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged. Such consideration includes the Consumer’s ability to download, install, access or use our Services. The Consumer represents that the Consumer has the capacity to be bound by these Terms of Use and the Privacy Policy, or if the Consumer is acting on behalf of a company or other person or entity, that the Consumer has the authority to bind such company or person or entity. The Consumer is responsible for all use of our Services and for all use of the Consumer’s credentials and account information, including use by others to whom the Consumer has given the Consumer’s credentials or account information. In order to determine the Consumer’s compliance with these Terms of Use or the Privacy Policy (to the extent applicable), we may monitor the Consumer’s access and use of our Services in accordance with our Privacy Policy.

Our Services Are Not Intended for Children

If the Consumer is below the age of majority in the Consumer’s place of residence, the Consumer may only download, install, access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use and our Privacy Policy. If the Consumer is a parent or legal guardian of a minor child, the Consumer may, in compliance with these Terms of Use and our Privacy Policy, download, install, access or use our Services on behalf of such minor child. Any information that the Consumer provides us while using our Services on behalf of such minor child will be treated as provided in these Terms of Use and the Privacy Policy.
We do not knowingly collect personally identifiable information from childrThe Consumer acknowledges that these Terms of Use and the Privacy Policy are each supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged. Such consideration includes the Consumer’s ability to download, install, access or use our Services. The Consumer represents that the Consumer has the capacity to be bound by these Terms of Use and the Privacy Policy, or if the Consumer is acting on behalf of a company or other person or entity, that the Consumer has the authority to bind such company or person or entity. The Consumer is responsible for all use of our Services and for all use of the Consumer’s credentials and account information, including use by others to whom the Consumer has given the Consumer’s credentials or account information. In order to determine the Consumer’s compliance with these Terms of Use or the Privacy Policy (to the extent applicable), we may monitor the Consumer’s access and use of our Services in accordance with our Privacy Policy.

Our Services Are Not Intended for Children

If the Consumer is below the age of majority in the Consumer’s place of residence, the Consumer may only download, install, access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use and our Privacy Policy. If the Consumer is a parent or legal guardian of a minor child, the Consumer may, in compliance with these Terms of Use and our Privacy Policy, download, install, access or use our Services on behalf of such minor child. Any information that the Consumer provides us while using our Services on behalf of such minor child will be treated as provided in these Terms of Use and the Privacy Policy.
We do not knowingly collect personally identifiable information from children under 13. If we learn that we have inadvertently gathered personal information from a child under 13, we will take reasonable measures to promptly remove that information from our records.

We Do Not Provide Medical Advice

Our Services and the Content (as defined below) are not intended as a substitute for, nor do they replace, professional medical advice, opinion, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider under any circumstance. Do not use our Services for emergency medical needs. If the Consumer experiences a medical emergency, call a healthcare professional immediately and 911. The Consumer’s use of our Services and the Content is solely at the Consumer’s own risk. Our Services are in no way intended to be, and must not be taken to be, the practice of chiropractic, medicine, dentistry, nursing or any other professional healthcare advice or opinion. We do not provide medical advice or medical care.

Our Services and the Content are for informational, educational, and payment purposes only. We may, but have no obligation to, publish Content through our Services that is reviewed by our editorial personnel. We do not guarantee that the Content is timely, accurate or complete, and we will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content. We make no claims as to the safety, qualifications or appropriateness of any Content (including any particular individual referenced on or through our Services) or to the legality, effectiveness, outcome or success of any Content (including any particular individual, procedure, device, product or service discussed or marketed on or through our Services).

We do not recommend or endorse any specific holistic and conventional healthcare providers, tests, procedures, opinions, products, services or other information that may appear on or through our Services. If the Consumer relies on any Content (including any reviews, ratings or other information), the Consumer does so solely at the Consumer’s own risk. THE CONSUMER IS SOLELY RESPONSIBLE FOR CHOOSING THE CONSUMER’S OWN HEALTHCARE PROVIDERS AND PRODUCTS. For the avoidance of doubt, any reviews, ratings and healthcare provider information consists of statements of opinion and not statements of fact or recommendations to use the services of any specific healthcare provider. Further, for the avoidance of doubt, any healthcare provider may be able to reply or respond to any or all such reviews, ratings or other information. We strongly encourage the Consumer to perform his/her own investigation prior to selecting a holistic or conventional healthcare provider or product, including placing telephone calls to the healthcare provider’s office, medical associations relevant to a healthcare provider’s applicable specialty, the Consumer’s state medical boards, the Food and Drug Administration, consumer reviews, and the appropriate licensing or certification authorities to verify listed credentials and education.

No Doctor-Patient Relationship Exists

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED (i) WHEN THE CONSUMER USES OR ACCESSES OUR SERVICES; (ii) BY OR THROUGH ANY COMMUNICATION THE CONSUMER RECEIVES FROM US; OR (iii) BY OR THROUGH ANY ASSISTANCE THAT WE MAY PROVIDE TO HELP THE CONSUMER. ANY RELATIONSHIP WITH ANY HEALTHCARE PROVIDER FORMED THROUGH THE CONSUMER’S USE OF THIS WEBSITE IS NOT INTENDED TO PROVIDE THE CONSUMER WITH ANY MEDICAL DIAGNOSIS OR TREATMENT. WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO THE CONSUMER.

Healthcare Providers Relationship with Us

We encourage healthcare providers to use our Services responsibly, but we have no control over, any healthcare provider at any particular time. We will not be liable for any other injury resulting or arising from, or related to, the use of our Services whatsoever. Further, we, our licensors, suppliers and affiliates, and our and their respective directors, officers, employees, members, managers, shareholders, contractors, agents and representatives, assume no (and hereby disclaim all) responsibility and liability of any kind, for any advice, treatment or other services rendered by any healthcare provider, or for any malpractice claims or other claims that may arise, directly or indirectly, from any such advice, treatment or other services.

Some healthcare providers listed on or through our Services enter into contracts with us. We may provide the Consumer with lists or profiles of holistic and conventional healthcare providers who may be suitable to provide the healthcare services the Consumer seeks based on information that the Consumer provide to us, such as insurance information, geographical location and healthcare specialty. In an effort to aid in the search and discovery of healthcare providers and enable the maximum choice and diversity of healthcare providers participating in our Services, these lists and profiles may also be based on other criteria (including, for example, healthcare provider availability, past selections by or ratings of healthcare providers by the Consumer or by other consumers). We do not (i) recommend or endorse any healthcare providers; or (ii) make any representations or warranties with respect to these healthcare providers or the quality of the healthcare services they may provide. Please also be aware that, to the extent that the Consumer use our Services as provided by the Consumer’s employer, AHWA may provide lists or profiles based also on criteria determined by the Consumer’s employer and the Consumer’s employer’s agents or advisors.

The Consumer’s Access and Use of Our Services

The Consumer’s right to download, install, access or use our Services is personal to the Consumer and is not transferable by the Consumer to any other person or entity. The Consumer is entitled to download, install, access or use our Services only for lawful, non-commercial purposes and only pursuant to the terms and conditions set forth in these Terms of Use and the Privacy Policy.

In connection with our Services, the Consumer may not download, install, access or use our Services for the following purposes: reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent assertions. We may, in our sole discretion, cancel or modify a Consumer’s access or use of our Services for any reason, including any breach of these Terms of Use or our Privacy Policy, where it appears that the Consumer engaged in fraudulent or inappropriate activity, or under other circumstances where it appears that the appointments contain or resulted from a mistake or error, even if such mistake or error is ours.

The Consumer’s access and use of our Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we may, in our sole discretion, elect to take. We may suspend or discontinue the availability of our Services or any portion or feature of our Services at any time in our sole discretion and without prior notice to the Consumer. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to all or any part of our Services by users.

The Consumer will not, and will not attempt to or otherwise authorize, encourage or support a third party’s attempts to, do any of the following, as determined by us, in our sole discretion, each of which may result in the Consumer’s loss of the right to access and use our Services: (i) violate these Terms of Use or the Privacy Policy; (ii) restrict, inhibit or prevent any access, use or enjoyment of our Services; or (iii) through the use of our Services, defame, abuse, harass, offend or threaten anyone or any entity. The Consumer may not metatag or frame our Services without our prior written permission, which may be withheld in our sole discretion. The Consumer is solely responsible for making all arrangements necessary for the Consumer to access our Services.

The Consumer’s Information and Security

Integrity of The Consumer’s Information

To download, install, access or use our Services, the Consumer may be required to provide certain registration details or other information (“Consumer Information”). If the Consumer voluntarily provides Consumer Information to us, then the Consumer agrees to provide true, current, complete and accurate information, and not to misrepresent the Consumer’s identity. The Consumer also agrees to keep Consumer Information current and update Consumer Information if any Consumer Information changes. Our collection, use and disclosure of Consumer Information is governed by these Terms of Use and the Privacy Policy. The Consumer agrees that any such provision of Consumer Information is given voluntarily and free from duress.

The Consumer must maintain the security of any password issued to the Consumer. If our Services require the Consumer to create a password to use certain portions of our Services, or use a password the Consumer has created with a third party, then it is the Consumer’s sole responsibility to maintain the security of that password. We will not be liable for any loss that the Consumer may suffer as a result of the authorized or unauthorized use of the Consumer’s password by a third party. The Consumer shall not allow any minor to use our Services via the Consumer’s registration or password. We have the right to disable any user name, password or other identifier, whether chosen by the Consumer or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, the Consumer has violated any provision of these Terms of Use.

The Consumer must notify us of a breach. The Consumer will immediately notify us of any unauthorized use of the Consumer’s password, any unauthorized use of any account that the Consumer may have with us, any violation of these Terms of Use, or any other breach of security known to the Consumer in connection with any product or service available on or through our Services by contacting us at info@AHWA.com.

The Consumer’s Compliance with these Terms of Use and All Applicable Law

The Consumer will comply with the terms of these Terms of Use and all applicable local, state, national and international laws, regulations or rules (including any applicable professional and ethical standards). We may exclude Consumers or healthcare providers for any reason at all, including those who, in our sole discretion, have engaged in inappropriate or unprofessional conduct. The Consumer will not submit to our Services any User Generated Content (as defined below) or other material that is contrary to these Terms of Use (including the Community Standards described below) or to applicable local, state, national or international laws, regulations or rules (including any applicable professional and ethical standards).

User Generated Content

Our Services may contain message boards, rating platforms, forums, bulletin boards, accounts and other features that allow the Consumer and other users to publish, post, submit, transmit or display (collectively, “post”) information (including reviews, ratings, messages and other content) on or through our Services to other users of our Services or third parties (collectively, including any video or voice communications, “User Generated Content”). For the avoidance of doubt, any or all of such User Generated Content may be posted publicly or become public information. Further, for the avoidance of doubt, the Consumer or any other user (including any holistic or conventional healthcare provider) may be able to reply or respond to any or all of such User Generated Content. We do not approve or endorse any User Generated Content, and we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by the Consumer or any other person or entity. The Consumer is solely responsible for the quality, correctness, timeliness, safety, truth, accuracy or legality of the Consumer’s User Generated Content. The Consumer may find User Generated Content posted by other users to be offensive, harmful, indecent, inaccurate or deceptive. The Consumer hereby waives any legal or equitable rights or remedies the Consumer has or may have against us with respect to all User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content published through our Services. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content, we reserve the right, but not the obligation, to remove or edit any User Generated Content. Please immediately report problems with the User Generated Content to us at info@AHWA.com.

Community Standards

These community standards apply to any and all access or use of our Services and User Generated Content. All access or use of our Services and User Generated Content must, in its entirety, comply with all applicable federal, state, local and international laws, ordinances and regulations. Without limiting the foregoing, the Consumer’s access and use of our Services and User Generated Content must not:

  • Contain or promote any material that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
  • Promote, contain or cause sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, color, pregnancy, national origin, handicap, marital status, veteran status, gender identity or expression, genetic information or any other characteristic protected by federal, state or local law;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person (including our rights);
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or the Privacy Policy;
  • Contain or promote any material that is false, inaccurate or misleading;
  • Represent or promote a personal opinion as that of AHWA, or, to the extent the Consumer has an affiliation with us, represent or promote a personal opinion without disclosing the Consumer’s affiliation and including a disclaimer that the Consumer’s views do not represent our views (for instance, “the views in this posting reflect my personal views and do not represent the views of AHWA”);
  • Circumvent user authentication or security of any host, network or account;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Involve, contain or cause commercial advertisements or solicitations, including contests, sweepstakes, other sales promotions, barter or advertising, without our prior written consent, which consent may be withheld in our sole discretion;
  • Establish, attempt to establish or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service;
  • Engage or attempt to engage in (i) price fixing, output restriction or customer or market allocation; or (ii) any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws or regulations;
  • Engage or attempt to engage in any for-pay reviews, ratings or other posts or “Astroturfing”;
  • Submit or attempt to submit multiple reviews or ratings for a single healthcare provider;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Interfere with or disrupt our Services, or disobey any requirements, procedures, policies or regulations provided to the Consumer from time to time in connection with our Services (including these Terms of Use or the Privacy Policy);
  • Impersonate any person, or misrepresent the Consumer’s identity or affiliation with any person or organization;
  • Involve or contain federally trademarked or copyrighted information without our prior written permission;
  • Contain, constitute or transmit chain letters, mass mailings, political campaigning or any form of “spam”; or
  • Contain, transmit or cause any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that encompass contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

If the Consumer is unsure about the appropriateness of any access or use of our Services, or User Generated Content related to any of our Services, the Consumer must refrain from such access or use, or from posting or communicating any such User Generated Content, until the Consumer receive express prior written approval from us.

If the Consumer sees content or conduct in connection with our Services that reflects poorly on us, our employees or other representatives, please notify info@AHWA.com immediately.

Transmissions, Submissions and Postings to Our Services

If the Consumer transmits, submits or posts information to our Services (including User Generated Content) that is not federally trademarked or copyrighted, the Consumer automatically grants us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish, distribute, create derivative works from, or incorporate any or all such information in any media whatsoever, including the Content. Provided that the Consumer has obtained prior written permission from us to transmit, submit or post information to our Services that is federally trademarked or copyrighted, the Consumer automatically grants us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish, distribute, create derivative works from or incorporate any or all such information in any media whatsoever, including the Content. The Consumer also hereby grants each user of our Services a non-exclusive license to access the Consumer’s User Generated Content through our Services, and to use, reproduce, distribute and display such User Generated Content as permitted through the functionality of our Services and under these Terms of Use. The above licenses granted by the Consumer is perpetual and irrevocable.

The Consumer is solely responsible for all the Consumer’s transmissions, submissions or postings (for example, the Consumer’s own User Generated Content) and the consequences of transmitting, submitting or posting them. We assume no liability for any action or inaction regarding transmissions, submissions or postings by the Consumer or any other user or third party.

Although we do not regularly review the Consumer’s transmissions, submissions or postings, we may, at our sole discretion and at any time, edit, refuse to post or remove the Consumer’s transmissions, submissions or postings. Pursuant to our Privacy Policy, we may review transmissions, submissions or postings made by the Consumer to determine, in our sole discretion, the Consumer’s compliance with these Terms of Use.

Without limiting the foregoing, we have the right to:

  • Take any action with respect to any User Generated Content that we deem necessary or appropriate, in our sole discretion, including removal of any User Generated Content if we believe, in our sole opinion, that such User Generated Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Services or the public or could create liability for us.
  • Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of our Services.
  • Terminate or suspend the Consumer’s access to all or part of our Services for any or no reason, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. THE CONSUMER WAIVES AND HOLDS US (AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Our Intellectual Property Rights

Our Services and their entire contents, features and functionality (including all information, text (including “AHWA”), software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts and service names, and the design, selection and arrangement of the foregoing) are owned by us, our licensors or other providers of such material and are protected by United States or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively, the “Proprietary Marks”). The Consumer may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within our Services. Any third-party names, trademarks and service marks are property of their respective owners.

The information, advice, reviews, ratings, data, software and content viewable on, contained in or downloadable from our Services (collectively, the “Content”), including all text, graphics, charts, pictures, photographs, videos, images, line art, icons and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers. We also own or are actively seeking a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content or the Collective Work does not entitle the Consumer to any ownership or intellectual property rights to the Content (including the software) or the Collective Work.

The Consumer is solely responsible for any damages resulting from the Consumer’s infringement of our or any third-party’s intellectual property rights regarding the Proprietary Marks, the Content (including the software), the Collective Work or any other harm incurred by us as a direct or indirect result of the Consumer’s copying, distributing, redistributing, transmitting, publishing or using the Proprietary Marks, the Content (including the software) or the Collective Work for purposes that are contrary to the terms and conditions of these Terms of Use.

The Consumer’s Use of the Content

Subject to the Consumer’s compliance with these Terms of Use, and subject to and without limiting any additional and applicable terms and conditions regarding the use of certain Content, we grant the Consumer a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, in each case solely for the Consumer’s non-commercial use; provided, however, that the Consumer will not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. The Consumer may not (a) modify the Content or the Collective Work; (b) use the Content or the Collective Work for any commercial purpose or any other public display, performance, sale or rental; (c) decompile, reverse engineer or disassemble the Content and the Collective Work; or (d) transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms of Use, is permitted by the Consumer without our prior written permission, which may be withheld in our sole discretion. The Consumer may not use any meta tags or any other “hidden text” utilizing our name or trademarks, or provide links to or frame our Services, without our prior written permission, which may be withheld in our sole discretion. The Consumer may not accumulate or index, directly or indirectly, any of our Services (including any Content, appointment availability and price information) for any purpose whatsoever.

Access and Interference

The Consumer will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission, which may be withheld in our sole discretion. Additionally, the Consumer will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content or Collective Work (except for Consumer Information) from our Services without our prior written permission, which may be withheld in our sole discretion, and the permission of the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. We may, without prior notice to the Consumer, immediately disconnect the Consumer’s access to and use of our Services if the Consumer interfere or disrupt our Services.

Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials made publicly available from our Services for the sole purpose of, and solely to the extent necessary, creating publicly available search indices of the materials on or within our Services, but not caches or archives of such materials. We may revoke these exceptions either generally or in specific cases. Operators of public search engines shall not collect or harvest any personally identifiable information, including account names, from our Services. Operators of public search engines shall not use any communication systems provided on our Services (such as messaging features or email) for any commercial or solicitation purposes. Operators of public search engines shall not solicit for commercial purposes any users of our Services via image, video, text or any other method without our prior written consent, which may be withheld in our sole discretion.

Our Products and Services

The Consumer may have the ability to purchase or otherwise obtain certain products, services and related coupons and discounts (collectively, “Products”) on or through our Services (a “Transaction”). All Transactions are governed by these Terms of Use. Advertised prices and available quantities are subject to change without notice. We may, in our sole discretion and without any notice to the Consumer, limit, change or restrict our Product offerings to the Consumer for any or no reason, subject to applicable laws. Our Services may contain technical inaccuracies and typographical or other errors in connection with the Products, including prices or available quantities applicable to a Transaction. We make no representations and assume no responsibility as to the completeness, accuracy or timeliness of any Content on or describing our Services (including any features, reviews, ratings, specifications, prices and available quantities). We may, in our sole discretion, honor Transactions or information affected by any errors, inaccuracies or omissions in connection with our Services. We may make changes, corrections, cancellations or improvements to our Services, and to the related Products and programs described, at any time without notice, including after confirmation of a Transaction or reservation.

Transactions

If the Consumer wish to make a Transaction, the Consumer may be asked to supply certain relevant information, such as the Consumer’s name, the Consumer’s credit card number and its expiration date and the Consumer’s billing address. The Consumer represents and warrants that the Consumer has the right to use any credit card that the Consumer submit in connection with a Transaction. By submitting such information, the Consumer grants to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By participating in a Transaction, the Consumer represents and warrants that the applicable Products will be used only in a lawful manner, and all Products purchased by the Consumer is for personal or gift use and not for commercial use or resale.

We may, in our sole discretion and without prior notice, (i) limit the available quantity of or discontinue making available any Product; (ii) impose conditions on the honoring of any coupon, discount or similar promotion; (iii) bar any user from making any Transaction; and (iv) refuse to provide any user with any Product. The Consumer will pay all charges incurred by the Consumer or on his/her behalf through our Services, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, the Consumer is responsible for any taxes applicable to the Consumer’s Transactions.

We are not responsible for communication failures, errors, difficulties or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with our Services. We are not responsible for any incorrect information associated with any Transaction on or to our Services (including any incorrect information in connection with insurance coverage or benefits), regardless of whether such incident is the result of user error, system error or human error.

WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR SERVICES OR ANY LINKS ASSOCIATED WITH OUR SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS OR DAMAGE TO THE CONSUMER’S COMPUTER, MOBILE PHONE OR OTHER DEVICE, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF OUR SERVICES OR ANY LINKS ASSOCIATED WITH OUR SERVICES.

Third-Party Materials

There may be provided on or through our Services links or access to other websites, mediums, content or materials belonging to our advertisers, business partners, affiliates and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from the Consumer’s use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any particular advertiser, business partner, affiliate or other third party on or through our Services are accurate or the best terms or lowest prices available in the market.

The Consumer acknowledges and agrees that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. All third-party materials and links are provided solely as a convenience to the Consumer. If the Consumer decides to access any of the third-party websites or mediums, the Consumer does so entirely at the Consumer’s own risk and subject to the terms and conditions of use of such third-party websites and mediums.

Promotions

As provided in our Privacy Policy, we or our third-party service providers may mail, email, telephone or contact the Consumer by other means to notify the Consumer of exclusive offers, events, updates, sweepstakes, contests or other promotions (collectively, “Promotions”). We also may display or provide information regarding such Promotions on our Services. All Promotions may be governed by any associated rules posted in connection with such Promotions, which are expressly incorporated by reference into these Terms of Use. Please refer to and read carefully such other terms and conditions. To the extent that such other terms and conditions conflict with these Terms of Use, such other terms and conditions will apply and control.

Promotions may require the Consumer to provide Consumer Information (subject to these Terms of Use) in order to participate. Each Promotion is (i) void where prohibited by applicable laws, regulations or rules; (ii) not applicable to prior purchases and cannot be combined with any other offer, discount or coupon; and (iii) subject to availability and while stock or supplies lasts. We may, in our sole discretion and without any notice to the Consumer, alter, change, withdraw or cancel any Promotion, or any person’s participation in any Promotion, at any time for any reason. For instance, we may disqualify entries for any Promotion that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent has not been provided.

Unless the associated rules posted in connection with a Promotion provide otherwise, (a) entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted; (b) use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified; (c) Promotions are not open to our employees (or their immediate families) or anyone else professionally associated with such Promotion, as determined by us in our sole discretion; (d) the Consumer is solely responsible for all taxes in connection with the Consumer’s participation in any Promotion, except we reserve the right to withhold applicable taxes, and the Consumer agrees to complete any required tax forms as reasonably requested by us; (e) no prize or entry in connection with a Promotion is transferable, refundable and negotiable, and no prize may be exchangeable for cash or any other benefit, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value; and (f) (i) the Consumer’s acceptance of a prize constitutes agreement to participate in reasonable publicity related to any Promotion and grants us an unconditional right to use the Consumer’s name, likeness, town or city and state, prize information and statements by the Consumer about the Promotion for publicity, advertising and promotional purposes, subject to applicable law, without any additional permission from, or compensation to, the Consumer whatsoever; and (ii) as a condition to receiving any prize in connection with any Promotion, the Consumer (or the Consumer’s parent or guardian) may be required to sign and return an affidavit of eligibility, liability release and publicity release.

Electronic Communications

As part of the Consumer’s access or use of our Services, the Consumer may receive notifications, text messages, alerts, posts, notices, emails or other communications (including by regular mail). The Consumer agrees to the receipt of such communications. The Consumer also agrees that any electronic communication satisfies any legal requirement that such communication be in writing. The Consumer may control receipt of non-service related communications (e.g., communications other than those related to the completion of the Consumer’s registration, correction of user data, change of password or other similar communications essential to any transaction on or through our Services) through the Consumer’s account settings or as otherwise described in our Privacy Policy. The Consumer is responsible for any messaging or data fees the Consumer may be charged for such communications.

Authorization to Contact The Consumer

By using our Services, the Consumer authorizes us and our agents, representatives and independent contractors to contact the Consumer at any telephone number (including telephone numbers associated with mobile, cellular, wireless or similar devices) the Consumer provide to us or from which the Consumer place a call to us, or any telephone number at which we reasonably believe we may reach the Consumer, using any means of communication, including calls or text messages using an automatic telephone dialing system or prerecorded messages, even if the Consumer incur charges for receiving such communications.

The Consumer’s Responsibility for Equipment and Related Costs

The Consumer is solely responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access, long distance charges or carrier rates (including phone, data and text messaging rates) incurred with regard to the Consumer’s access and use of our Services.

The Consumer’s Responsibility for Healthcare Expenses

The Consumer is solely responsible for the Consumer’s expenses resulting from the use of our Services, including all usual, customary and any other charges for any medical or related services. The Consumer and the Consumer’s healthcare provider are responsible for agreeing upon the applicable products and services as well as the prices for such products and services. The Consumer must resolve any dispute between the Consumer or any healthcare provider arising from any transaction directly with the healthcare provider.

Mobile Services

Aspects of our Services may include certain applications for the Consumer’s mobile device (collectively, the “Mobile Services”). By using the Mobile Services, the Consumer:

  • acknowledges that these Terms of Use is between the Consumer and us and not with Apple, Inc., Google, Inc. or any other third-party;
  • agrees not to use or manipulate the Mobile Services on the Consumer’s mobile device while driving or operating any other heavy machinery;
  • consents to the collection, use, sharing and onward transfer of Consumer Information and other data, including photos, voice and location data, as outlined in our Privacy Policy. Location data may be from mixed sources and may not be accurate. Please use this data at the Consumer’s own risk;
  • acknowledges that certain parts of the Mobile Services require phone service, data access or text messaging capability. Except as otherwise noted, carrier rates for phone, data and text messaging may apply; and
  • acknowledges that we may, in our sole discretion and at any time, change, suspend, remove or disable access to content or other materials comprising part of the Mobile Services at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use or access of certain features or portions of the Mobile Services, in any case without notice or liability.

Any mobile application(s) made available by us (the “Apps”) are licensed to the Consumer on a limited, non-exclusive and non-transferrable basis, and not sold to the Consumer. The Consumer’s limited license to the Apps is subject to the Consumer’s prior acceptance of these Terms of Use and the Consumer agrees that these Terms of Use will apply to the Apps that the Consumer license. The Consumer’s limited license to any Apps under these Terms of Use is granted by us. Any App that is subject to the limited license granted under these Terms of Use is referred to herein as a “Licensed Application.” We reserve all rights in and to any Licensed Applications not expressly granted to the Consumer under these Terms of Use.

Scope of License

This license granted to the Consumer for any Licensed Application is a limited, non-exclusive and nontransferable license to (i) download, install and use the Licensed Application for the Consumer’s personal, non-commercial use on a single, compatible mobile device that the Consumer own or control (“Mobile Device”), as permitted by these Terms of Use and subject to any additional rules and restrictions imposed upon the Consumer by third parties, such as rules and restrictions imposed by the Consumer’s mobile device provider and the Consumer’s mobile application store provider (“Third-Party Rules”); and (ii) access, stream, download and use on such Mobile Device the Content and the Mobile Services made available in or otherwise accessible through the Licensed Applications, strictly in accordance with these Terms of Use. For the avoidance of doubt, this license does not allow the Consumer to use any Licensed Application on any Mobile Device that the Consumer does not own or control, and the Consumer may not distribute or make any Licensed Application available over a network where it could be used by multiple devices at the same time. The Consumer may not rent, lease, lend, sell, transfer, redistribute or sublicense any Licensed Application and, if the Consumer sell or otherwise transfer the Consumer’s Mobile Device to a third party, the Consumer must remove each Licensed Application from the Mobile Device before doing so. The Consumer may not copy (except as expressly permitted by this license and the Third-Party Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of any Licensed Application, any Updates (as defined below), or any part of any Licensed Application or Update (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included in the Licensed Applications). Any attempt to do so is a violation of our rights and the rights of our licensors. If the Consumer breaches this restriction, the Consumer may be subject to prosecution and damages.

The terms of this license will govern any Updates, unless such Update is accompanied by a separate license in which case the terms of that license will govern.

Consent to Use of Data

The Consumer acknowledges that, when the Consumer downloads, installs or uses any Licensed Application, we may collect and use (i) automatic means (including, for example, cookies and web beacons) to collect information about the Consumer’s Mobile Device and about the Consumer’s use of the Licensed Application; and (ii) technical data and related information that is gathered periodically to facilitate the provision of software updates, product support and other services to the Consumer (if any) related to the Licensed Application. We may use this information to improve our Services or to provide other products, services or technologies to the Consumer and as otherwise set forth in our Privacy Policy.

Termination

This license to use these Licensed Applications is effective until terminated either by the Consumer or us. The Consumer may terminate this license by deleting the Licensed Application and all copies of such Licensed Application from the Consumer’s Mobile Device(s). We may terminate this license at any time for any or no reason without notice. Additionally, this license will terminate automatically without notice from us if the Consumer fail to comply with any term of these Terms of Use. Upon termination of this license, the Consumer will cease all use of such Licensed Application and destroy all copies, full or partial, of such Licensed Application. Any termination of this license will not limit any of our rights or remedies available at law or in equity.

Updates

We may, from time to time, in our sole discretion develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. The Consumer agrees that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the Consumer’s Mobile Device settings, when the Consumer’s Mobile Device is connected to the Internet either:

  • the Licensed Application will automatically download and install all available Updates; or
  • the Consumer may receive notice of or be prompted to download and install available Updates.

The Consumer will promptly download and install all Updates. The Consumer hereby acknowledge and agree that the Licensed Application or portions of such Licensed Application may not properly operate should the Consumer fail to do so. The Consumer indemnify us from any loss of information, disruption of service, or other result that might be caused by the Consumer’s failure to timely download and install any Update.

Export Regulation

Our Services (including any Content and Licensed Application) may be subject to United States export control laws, including the US Export Administration Act and its associated rules, restrictions and regulations. The Consumer will not, directly or indirectly, export, re-export or release any of our Services (including any Content and Licensed Application) to, or make any of our Services (including any Content and Licensed Application) accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. The Consumer will comply with all applicable laws, restrictions, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any of our Services (including any Content and Licensed Application) available outside of the United States (which excludes all United States territories and possessions).

International Users

Our Services are controlled, operated and administered by us from our offices within the United States of America. We make no representations that our Services are permissible, appropriate or available for use in other jurisdictions. If the Consumer access any Services from a location outside the United States of America, then the Consumer does so by the Consumer’s own volition and the Consumer is solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). The Consumer will not use our Services or any Content in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.

Copyright Infringement

It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We may, in appropriate circumstances, disable or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours or others.

Notifications

Notifications of claimed copyright infringement (each a “Notification”) should be sent by either express mail or U.S. mail to: Access Health & Wellness AssociationTM, LLC, 2014 South Orange Ave, Suite 201, Orlando, FL 32806. Email address of designated agent: info@AHWA.com. Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, each Notification must include the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an email address at which the Complaining Party may be contacted;
  5. a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the Notification containing the information as outlined in (i) through (vi) above, and pursuant to Title 17, United States Code, Section 512:

  1. we will remove or disable access to the material that is alleged to be infringing;
  2. we will forward the Notification to the alleged infringer (“Subscriber”); and
  3. we will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Counter Notification

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:

  1. a physical or electronic signature of the Subscriber;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. a statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. the Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in (i) through (iv) above, and pursuant to Title 17, United States Code, Section 512:

  1. we will promptly provide the Complaining Party with a copy of the Counter Notification;
  2. we will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within 10 business days; and
  3. we will replace the removed material or cease disabling access to the removed material not less than 10 business days, nor more than 14 business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.

We Make No Representations or Warranties Regarding Our Services or the Content

The Consumer expressly agrees that the Consumer’s use of our Services (including any Mobile Services and any Licensed Applications), the Content and all information, content, materials, products and services (for the avoidance of doubt, including all information related to healthcare providers (such as professional qualifications, reviews and ratings), insurance coverage or benefits, and pricing) is at the Consumer’s sole risk. It is the Consumer’s sole responsibility to independently evaluate the accuracy, correctness or completeness of our Services, the Content and all information, content, materials, products and services. Our Services (including any Mobile Services and any Licensed Applications), the Content and all information, content, materials, products and services included on or associates with our Services are provided to the Consumer on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of these Services (including any Mobile Services and any Licensed Applications), the Content or the information (including healthcare provider information), reviews, ratings, content, materials, products or services included on or associated with our Services, including their accuracy, correctness, completeness, safety, reliability, title, timeliness, non-infringement, merchantability, conformity or fitness for a particular purpose.

Without limiting the foregoing, the Consumer acknowledges that we cannot guarantee the continuous operation of or access to our Services. The Consumer further acknowledges that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control. Notwithstanding anything to the contrary in these Terms of Use or the Privacy Policy, we make no representation, warranty or guarantee that our Services or the Content that may be available for downloading from our Services is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Consumer’s computer, device, data, programs or other equipment or material due to the Consumer’s use of our Services or items obtained through our Services or to the Consumer’s downloading of any material posted on our Services or any links to our Services.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitations on Our Liability

IN NO EVENT ARE WE RESPONSIBLE OR LIABLE TO THE CONSUMER OR ANY THIRD PARTY, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE DAMAGES FOR ANY PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INJURIES TO PROPERTY AND LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) THE CONSUMER’S BREACH OR VIOLATION OF ANY TERM OR CONDITION OF THESE TERMS OF USE; (II) THE CONSUMER’S ACCESS AND USE OF OUR SERVICES (INCLUDING ANY MOBILE SERVICES OR LICENSED APPLICATIONS), THE USER GENERATED CONTENT OR THE CONTENT; (III) THE CONSUMER’S DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) THE CONSUMER’S DOWNLOADING OR USE OF ANY OF THE CONTENT, THE COLLECTIVE WORK OR USER GENERATED CONTENT; (V) THE CONSUMER’S RELIANCE UPON OR USE OF OUR SERVICES, THE USER GENERATED CONTENT, THE CONTENT OR THE COLLECTIVE WORK; (VI) ANY TRANSACTION OR PROCESSING OF A TRANSACTION; (VII) ANY THIRD PARTY’S USE OF OUR SERVICES ON THE CONSUMER’S BEHALF; (VIII) THE BREACH OF OUR SECURITY AND UNAUTHORIZED DISCLOSURE OF CONSUMER INFORMATION; OR (IX) ANY INFORMATION (INCLUDING ANY HEALTHCARE PROVIDER INFORMATION), REVIEWS, RATINGS, SOFTWARE, PRODUCTS OR SERVICES OBTAINED ON OR THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, INCLUDING ANY PRODUCTS OR SERVICES, EVEN IF WE OR OUR AGENTS, REPRESENTATIVES, LICENSORS, VENDORS, SUPPLIERS OR ANY OTHER APPLICABLE THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY STATED BY US IN WRITING AT THE TIME OF PURCHASE OR OTHERWISE, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS ARISING OUT OF THESE TERMS OF USE WILL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CONSUMER TO US FOR OUR SERVICES IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM; OR (B) $10.

THE CONSUMER SPECIFICALLY ACKNOWLEDGES THAT WE WILL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING ANY HEALTHCARE PROVIDER), AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH THE CONSUMER. IN ADDITION, THE CONSUMER SPECIFICALLY ACKNOWLEDGES THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ACTIONS THE CONSUMER TAKE OR FAIL TO TAKE BASED ON USER GENERATED CONTENT, PHOTOGRAPHS, RECORDINGS OR OTHER INFORMATION OR MATERIALS, INCLUDING DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH ACTIONS OR INACTIONS RESTS ENTIRELY WITH THE CONSUMER.

THE CONSUMER AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN THREE MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to the Consumer, some portion of or all of the above disclaimers, exclusions or limitations may not apply to the Consumer. However, the Consumer agrees that such disclaimers, exclusions or limitations shall apply to the Consumer to the greatest extent allowable under applicable law.

In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this Limitations on Our Liability section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Florida Statutes Section 95, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

The Consumer’s Indemnification of Us

The Consumer will defend, indemnify and hold harmless us and our officers, directors, members, managers, shareholders, employees, independent contractors, business partners, licensors, agents and representatives from and against all claims, costs, damages, liabilities, expenses, fines and penalties, including attorneys’ fees, arising out of or attributable to: (i) any breach or violation of these Terms of Use or the Privacy Policy; (ii) the Consumer’s failure to provide accurate, complete and current Consumer Information requested or required by us; (iii) the Consumer’s access or use of our Services or the Content; (iv) access or use of our Services under any password that may be issued to the Consumer; (v) the Consumer’s transmissions, submissions or postings (for example, the Consumer’s own User Generated Content); (vi) any personal injury, property damage or emotional distress caused by the Consumer; or (vii) the creation, use, receipt, storage or transmission of protected health information, including any protected health information under (A) the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereunder ( as may be amended from time to time); (B) the Health Information Technology for Economic and Clinical Health Act, Public Law 111-5, and regulations promulgated thereunder (as may be amended from time to time); (C) the Florida Information Protection Act of 2014, Florida Statutes Section 501.171, and regulations promulgated thereunder (as may be amended from time to time); (D) state privacy laws; or (E) any other foreign or domestic, federal, state or local law or regulation.

The Consumer will defend, indemnify and hold harmless us and our officers, directors, members, managers, shareholders, employees, independent contractors, business partners, licensors, agents and representatives from and against all claims, costs, damages, liabilities, expenses, fines and penalties, including attorneys’ fees, arising out of or attributable to: (i) any advice transmitted pursuant to a relationship created or furthered as a result of the Consumer’s use of our various websites (including www.AHWA.com ), applications, widgets, email notifications, blogs, articles, and other mediums, or portions of such mediums; (ii) information transmitted or posted on any of our various websites (including www.AHWA.com ), applications, widgets, email notifications, blogs, articles, and other mediums, or portions of such mediums; (iii) content of any form transmitted pursuant to or posted via our various websites (including www.AHWA.com ), applications, widgets, email notifications, blogs, articles, and other mediums, or portions of such mediums.

Finally, the Consumer will defend, indemnify and hold harmless us and our officers, directors, members, managers, shareholders, employees, independent contractors, business partners, licensors, agents and representatives from and against all claims, costs, damages, liabilities, expenses, fines and penalties, including attorneys’ fees, arising out of or attributable to: any information sought or gained as a result of the Consumer’s use of our Services. The Consumer expressly understands that we are not a medical provider, we do not treat, assess or diagnose the Consumer as a result of our Services. The Consumer expressly understands that we are merely a conduit between the Consumer and the healthcare community. We make no representations about the persons whom the Consumer select as a result of the Consumer’s use of our Services.

We will have the right, but not the obligation, to select legal counsel, to assume the exclusive defense and control of any matter subject to indemnification by the Consumer, to participate through counsel in any defense of any claim and to approve any settlement. The Consumer may not settle any claim without our prior written consent, which we may withhold in our sole discretion.

Our Remedies

The Consumer acknowledges that we may be irreparably damaged if these Terms of Use is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use by the Consumer, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms of Use. For purposes of this Our Remedies section, the Consumer agrees that any action or proceeding with regard to such injunction restraining such breach or threatened breach will be brought in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida. The Consumer consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. Service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.

Legal Disputes

The Consumer and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of these Terms of Use or the Consumer’s use of or access to our Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this Legal Disputes section carefully. It affects the Consumer’s rights and will have a substantial impact on how claims the Consumer and we have against each other are resolved.

Applicable Law

These Terms of Use is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

The Consumer agrees that: (i) our Services will be deemed solely based in the State of Florida; and (ii) our Services will be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.

Agreement to Arbitrate

Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of these Terms of Use, the Consumer’s use of or access to our Services or any products or services sold, offered or purchased on or through our Services, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by the Consumer as provided above, will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use to Arbitrate section (this “Agreement to Arbitrate”).

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Use as a court would.

The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use to Arbitrate, any part of it, or of these Terms of Use, including any claim that all or any part of the Agreement to Arbitrate or these Terms of Use is void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) in Orange County, Florida, under the AAA’s rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms of Use to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org .

The Consumer and we will select the arbitrator, and if the Consumer and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon the Consumer and us and the Consumer’s and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Orange County, Florida.

Prohibition of Class and Representative Actions and Non-Individualized Relief

THE CONSUMER AGREES THAT THE CONSUMER MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH THE CONSUMER AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

THEREFORE, THE CONSUMER DOES NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND THE CONSUMER’S RIGHTS AND THE CONSUMER GIVE UP THE CONSUMER’S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING OUR SERVICES, THE CONSUMER CONSENT TO THESE RESTRICTIONS.

Judicial Forum for Legal Disputes

Unless the Consumer and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to the Consumer or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between the Consumer and us must be resolved exclusively by a state or federal court located in Orange County, Florida. The Consumer and we will submit to the personal jurisdiction of the courts located within Orange County, Florida for the purpose of litigating all such claims or disputes.

Miscellaneous

If any provision of these Terms of Use is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of these Terms of Use will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms of Use may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.

For purposes of these Terms of Use, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.

All covenants, agreements, representations and warranties made in these Terms of Use, as may be amended by us, from time to time, will survive the Consumer’s acceptance of these Terms of Use and the termination of these Terms of Use.

No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms of Use by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms of Use by us preclude further exercise of that or any other right or power under these Terms of Use.

We may update, amend or change these Terms of Use at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on our Services. We encourage the Consumer to periodically check these Terms of Use for changes, as the Consumer’s continued access and use of our Services following the posting of any changes will automatically be deemed the Consumer’s acceptance of all changes. If the Consumer does not agree to any change to these Terms of Use, the Consumer must discontinue using our Services. These Terms of Use replaces all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.

We may give, assign or transfer our rights or obligations under these Terms of Use to any person or entity at any time with or without the Consumer’s consent. The Consumer may not give, assign or transfer the Consumer’s rights or obligations under these Terms of Use to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign the Consumer’s rights or obligations under these Terms of Use without our consent will be void.

We will not be liable for any changes, delays, failures or problems out of our control, including any changes, delays, failures or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.

The Consumer and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

These Terms of Use (collectively, together with the Privacy Policy) represents the entire understanding and agreement between the Consumer and us regarding the subject matter of these Terms of Use, and supersede all other previous agreements, understandings or representations regarding these Terms of Use.

If the Consumer has questions, comments, concerns or feedback regarding these Terms of Use or our Services, please contact us at info@AHWA.com or in writing at:

Access Health & Wellness AssociationTM, LLC
2014 South Orange Ave
Suite 201
Orlando, FL 32806

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