OWNERSHIP OF SITE
This Web site is owned and operated by HealthWasp.com (collectively “HEALTHWASP.COM,” “we,” or “us”). In connection with viewing and using this Web site you are permitted to temporarily download one copy of the materials posted on this Web site onto a single computer for informational use only. Bots, spiders and other indexing or automated agents are not permitted to access or index this Web site or to download or copy information from this site for any purpose.
CONTENTS AND HYPERLINKS
This Web site contains hyperlinks to third party Web sites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. HealthWasp.com has no control over the content or policies of such third party Web sites, and thus we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any Web sites hyperlinked to this Web site. Those who choose to access information from this Web site (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.
INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
HealthWasp.com does not ordinarily monitor, filter, censor, edit or regulate information and content provided by third parties on this Web site, including any such information provided in chat rooms, bulletin boards or other interactive areas, but reserves the right to do so in its sole discretion. HealthWasp.com neither endorses nor are we liable for the contents, accuracy or reliability of such information and content.
By participating in interactive portions of this Web site, you represent that you have proper right and authorization to use any information or content you upload or post, and you automatically grant (or warrant that the owner of such materials has expressly granted) to HealthWasp.com an unlimited, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such content into any form, medium, or technology now known or later developed. In addition, you warrant that all so-called “moral rights” in those materials have been waived. Finally, you agree to abide by the following code of acceptable conduct:
(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
(2) You will not upload viruses or harmful components.
(3) You will not use the Web site to further any unlawful purpose or to violate the rights of any party.
(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
(5) You will not utilize this Web site to engage in communications leading or related to an agreement in restraint of trade, to exchange specific information relating to your prices, profits, or costs, or in any other manner to limit competition or restrain trade in violation of state and federal antitrust laws.
We are pleased to hear from our visitors and members. However, any original or creative ideas you disclose to us, including via e-mail or interactive portions of this Web site, shall be deemed the property of HealthWasp.com. We are free to use any such disclosure for any purpose and in any media without compensation. You hereby release HealthWasp.com from any liability under any legal theory in connection with the use, modification, sale, or distribution of any such disclosure.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this Web site does not give you title to such software, including any files, data and images incorporated in or associated with the software. Accordingly, you acknowledge that you shall use any such software only in accordance with the license agreement that is included with the software or presented upon download of or access to such software. Software available on this Web site is copyrighted by HealthWasp.com or its owner. Such software may not be copied, redistributed or placed on any server for further distribution and you agree not to sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
A description or reference to a product, service or publication on this Web site (including any description or reference via hyperlink) does not imply endorsement by HealthWasp.com of that product, service or publication.
Your purchase of books or other products from this Web site is also subject to any terms of sale presented in connection with such purchase. Products and software offered through this Web site shall be warranted, if at all, only through the written license or warranty provided in connection with such product or software. In the event that a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, we will have the right to refuse or cancel any orders placed for the products listed at the incorrect price, whether or not the order has been confirmed or accepted.
NO REPRESENTATIONS OR WARRANTIES
THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, OR ANY WARRANTY THAT THIS WEB SITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD HEALTHWASP.COM FROM AND YOU COVENANT NOT TO SUE US FOR ANY CLAIMS BASED ON USE OF THIS WEB SITE OR USE OR RELIANCE ON THE INFORMATION CONTAINED THEREIN. DEPENDING UPON APPLICABLE LAW, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
INDEMNIFICATION FOR ACCOUNT
HealthWasp.com members are responsible for maintaining the confidentiality of their passwords and accounts, and for all activities that occur under their accounts. If you are a member, you agree to indemnify, defend and hold HealthWasp.com harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of this Agreement or from use of your account, including the content of messages posted using your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HEALTHWASP.COM BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEPENDING UPON APPLICABLE LAW, THIS EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE HEALTHWASP.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THIS WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
JURISDICTION AND CHOICE OF LAW
TRADEMARKS AND COPYRIGHTS
Nothing on this Web site shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of the HealthWasp.com or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners. Except as otherwise noted, HealthWasp.com is the owner of all trademarks and service marks on this Web site, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions).
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Web site is strictly prohibited. We reserve all legal rights and remedies available to us and this disclaimer shall in no way be deemed a limitation or waiver of any other rights the HealthWasp.com may have.