Nutritional Wellness User Agreement
Welcome to the NutritionalWellness.com web site (the "Site"), provided by Maxwell
Petersen Associates, Inc. ("MPA") doing business as NutritionalWellness.com ("NutritionalWellness").
This Agreement contains the terms and conditions upon which you ("you,"
or "the user") may access the valuable information and services available
through the Site. By entering this site and viewing its contents, you
indicate that you understand and intend this Agreement to be the legal
equivalent of a signed, written contract, and equally binding. If you
do not agree with the terms in this Agreement you will exit the Site.
You acknowledge and agree to authorize the applicable MPAmedia Party to act on instructions concerning your account that we receive electronically (including instructions received from or through Internet Service Providers ("ISPs")) in all cases in accordance with this agreement and the MPAmedia terms and conditions. Our receipt of messages or directions from you through this website facility will in all events be treated as your messages and directions. You acknowledge and agree that, Whenever you click on "Accept", "I agree", "Submit" or other similarly worded button or entry field appearing now or in the future on the Website with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and may be considered the legal equivalent of your handwritten signature.
1. Grant of License.
This Agreement provides you with a personal, revocable, nonexclusive,
non-transferable license to use the Site, conditioned on your continued
compliance with the terms and conditions of this Agreement.
2. Nature of Service.
NutritionalWellness.com is the leading Web-based chiropractic oriented health information
resource for the distribution of free healthcare provider and chiropractic-related
information. You can also purchase health-related products and services
from third party vendors ("Third Party Vendors") through links on the
3. No Recommendations or Medical Advice.
NutritionalWellness is not a medical referral service, and does not recommend or
endorse any particular Health Care Provider or medical service of any
kind. NutritionalWellness does not offer advice regarding the quality or suitability
of any particular Health Care Provider for chiropractic care, medical
treatment or for any health condition, and no information on the Site
should be construed as health or medical advice. MPA EXPRESSLY DISCLAIMS
ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE
ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE SOURCE,
AND FOR ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY HEALTH CARE
PROVIDER FEATURED ON THE SITE.
4. Health Care Provider / Patient Relationship.
You acknowledge and agree that NutritionalWellness is only an intermediary that provides
selected Health Care Provider information to patients and potential patients.
You agree to assume all responsibility in connection with choosing any
Health Care Provider, whether or not you obtained information about such
Health Care Provider through the Site. MPA assumes no responsibility or
liability for any claims that may result directly or indirectly from the
Health Care Provider / patient relationship, including but not limited
to malpractice claims.
5. Intellectual Property Rights.
All materials contained in the Site are protected by law, including but
not limited to United States copyright, trade secret, and trademark law,
as well as other state, national, and international laws and regulations.
The contents of and all materials distributed in conjunction with the
Site, including the graphical display of any Health Care Provider information,
are copyright (c) 2000 by nutritionalwellness.com and/or its suppliers with all rights
reserved. Nutritionalwellness.com also owns a copyright on the Site as a collective
work and/or compilation, and in the selection, coordination, arrangement,
and enhancement of such content. Republication or citation of any Health
Care Provider information or any other content generated by the Site without
NutritionalWellness's written consent is expressly prohibited. You agree not to copy,
modify, adapt, reproduce, translate, distribute, transmit, reverse engineer,
decompile, or dissemble any aspect of the Site, with the following exception:
You may display, print, and store one electronic copy of content provided
by NutritionalWellness for your personal use. You may not, without NutritionalWellness's written
permission, "mirror" or "frame" any material contained on this Site. Nutritionalwellness.com™,
Nutritional Wellness, Nutritional Wellness Calendar,
TheWellnessMall and all other names, logos, and icons identifying MPA's
products and services are proprietary marks of MPA, Inc., and any use
of such marks without the express written permission of MPA is strictly
prohibited (including without limitation use of such marks in connection
with republication or citation of the rankings contained in the Site).
Unauthorized use of any material contained on this Site may violate copyright
laws, trademark laws, trade secret laws, the laws of privacy and publicity,
and communications regulations and statutes. Please be aware that MPA
actively and aggressively enforces its intellectual property rights to
the fullest extent of the law.
6. Proprietary Rights in Databases.
The databases containing health care provider information (the "Databases")
constitute valuable proprietary compilations owned by NutritionalWellness, which
are protected by state, federal, and international law, including, without
limitation, copyright and trade secret laws, provided, however, that NutritionalWellness
claims no rights in unaltered government data. In consideration for being
granted limited access to this information, you agree that you will not,
directly or indirectly, use any of the Databases for any other purpose
other than evaluating health care providers for the provision of health
care related services. Further, you agree that you will not, directly
or indirectly, use it (i) to compile mailing lists or other lists of health
care providers for commercial purposes; (ii) to establish independent
data files or compendiums of statistical information; (iii) in violation
of local, state, national, or international laws and regulations, or (iv)
to generate or download more than ten (10) reports in any given day, without
but only with the express written permission of NutritionalWellness; please e-mail
us at email@example.com to receive additional information about the possibility
of alternative custom arrangements.
7. Links to Other Sites.
NutritionalWellness may provide links, in its sole discretion, to other sites on
the World Wide Web for the convenience of users in locating health, and
health care-related products, information and services. These sites have
not been reviewed by NutritionalWellness and are maintained by third parties over
which NutritionalWellness exercises no control, and accordingly NutritionalWellness expressly
disclaims any responsibility for the content, the accuracy of the information,
and/or quality of products or services provided by or advertised on these
third party Web sites. Moreover, these links do not imply, directly or
indirectly, endorsement by or affiliation with any third party or any
web site, products, or services provided by any third party.
8. Advertisers on this Site.
NutritionalWellness, in its sole discretion, may post the advertisements of third
parties on this Site. Your correspondence or dealings with advertisers
found on this Site are solely between you and such advertiser. You agree
that NutritionalWellness shall not be responsible for any loss or damage of any sort
incurred as a result of any such dealings or as the result of the presence
of such advertisers on this Site. Moreover, NutritionalWellness shall not be responsible
or liable for the statements or conduct of any third party on this Site,
including but not limited to advertisers.
9. Transactions with Third Parties.
This Site allows you to purchase products and services directly from third
party vendors ("Third Party Vendors") through links on the Site. NutritionalWellness
is not a party to any transaction between you and any Third Party Vendor.
By using the Site, you acknowledge and agree that NutritionalWellness and its affiliates
shall have no liability for any cost, damage or harm arising directly
or indirectly from (i) any products or services ordered through the Site
(including, without limitation, delivery (or failure to deliver), quality,
performance, compatibility, and suitability for a particular purpose),
and (ii) any action or inaction of any Third Party Vendor. NutritionalWellness makes
no warranties or representations whatsoever regarding any product or service
provided or offered by any Third Party Vendor and you acknowledge that
any reliance on representations and warranties provided by any Third Party
Vendor shall be at your own risk. NUTRITIONALWELLNESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY
VENDORS AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY VENDORS FOR ALL
CLAIMS REGARDING SUCH GOODS AND SERVICES.
10. Payments to Third Parties.
Payment for products and services offered by Third Party Vendors on this
Site can be made either via the Internet (either by transmitting credit
card information via the Internet and/or electronic funds transfer), or
by other methods. You agree that NutritionalWellness cannot guarantee that any form
of payment via the Internet is secure or that a third party will not be
able to access or intercept such payment information. If you have concerns
about payment via the Internet, you should use an alternative means of
payment. You acknowledge and agree that NutritionalWellness will have no liability
for failure of any electronic payment system offered by Third Party Vendors
accessible through the Site
11. Third Party Content.
Certain materials from Third Party Vendors and IIPs including but not
limited to health care information, product reviews, news, data, research,
analysis, and opinions, may be made available as part of the Site or through
links from the Site. As a general matter, the Third Party Vendors and
IIPs have represented to NutritionalWellness that they obtained such information
from sources believed by them to be reliable. NutritionalWellness makes no representation
with respect to, nor does it guarantee or endorse the accuracy, completeness,
timeliness, reliability, or correct sequencing of, such Third Party Vendor
or IIP content. Likewise, NutritionalWellness does not endorse, oppose, or edit any
opinion or analysis expressed by a Third Party Vendor or an IIP. NutritionalWellness
expressly disclaims responsibility and liability for Third Party Vendor
and IIP provided materials.
NutritionalWellness considers protecting a user's personal data to be important,
collection and use practices, which is incorporated by reference as if
set forth in its entirety herein. Please refer to it for complete information.
13. Permission to Use of Your Submissions.
By transmitting or posting any suggestions, information, material, or
other content (collectively, "content") to NutritionalWellness, you automatically
grant NutritionalWellness the royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, redistribute, transmit, perform
and display such content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed for the full term of any rights that may exist in such content.
Further, NutritionalWellness is free to use any ideas, concepts, know-how, techniques,
and suggestions (collectively, "information") contained in any communications
you send to this Site for any purpose whatsoever, including but not limited
to creating, manufacturing, and marketing products and/or services using
14. Confidentiality on Internet.
Use of the Internet is solely at your own risk and is subject to all applicable
local, state, national, and international laws and regulations. While
NutritionalWellness has endeavored to create a secure and reliable Site, please be
advised that the confidentiality of any communication or material transmitted
to NutritionalWellness over the Internet cannot be guaranteed. Consequently, NutritionalWellness
and its affiliates are not responsible for the security of any information
transmitted via the Internet, the accuracy of the information contained
on the Site, or for the consequences of any reliance on such information.
You must make your own determination as to these matters. To ensure private
and personalized attention, you can write to NutritionalWellness at: NutritionalWellness, PO Box 4109, Huntington Beach, California 92605.
15. Security of Site.
Actual or attempted unauthorized use of the Site may result in criminal
and/or civil prosecution. For your protection, NutritionalWellness reserves the right
to view, monitor, and record activity on the Site without notice or permission
from you. Any information obtained by monitoring, reviewing, or recording
may be subject to review by law enforcement organizations in connection
with investigation or prosecution of possible criminal activity on the
Site. NutritionalWellness will also comply with all court orders involving requests
for such information.
16. Events Beyond NutritionalWellness's Control.
NutritionalWellness and its affiliates will not be liable for any loss resulting
from a cause over which they do not have direct control, including but
not limited to failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars, or governmental restrictions.
17. Changes in Service.
While NutritionalWellness endeavors to provide the most accurate, up to date information
available, the Databases and materials on the Site may contain technical
inaccuracies or typographical errors, and may be changed or updated without
notice; NutritionalWellness will not be liable or responsible for any such inaccuracies,
errors, changes, or updates. NutritionalWellness also reserves the right to change
and/or discontinue its currently provided services at any time, for any
18. LIMITATION OF LIABILITY AND WARRANTY.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER NUTRITIONALWELLNESS NOR ITS
AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION
CONTAINED IN OR SUBMITTED TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED
THROUGH THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
NUTRITIONALWELLNESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING
SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD PARTY HEALTH CARE PROVIDERS
AND THIRD PARTY VENDORS, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY
HEALTH CARE PROVIDERS AND THIRD PARTY VENDORS FOR ANY AND ALL CLAIMS ARISING
OUT OF SUCH AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED BY SUCH PARTIES.
THE NUTRITIONALWELLNESS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS,
SERVICES OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NUTRITIONALWELLNESS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT USING
THE DATABASES OR THE SITE WILL ASSIST YOU IN ANY WAY, WHETHER TO LOCATE
A SUITABLE HEALTH CARE PROVIDER OR FOR ANY OTHER PURPOSE. NUTRITIONALWELLNESS DOES
NOT WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA,
OR (B) THE INFORMATION ON THE SITE OR IN THE DATABASES IS ACCURATE AND
NEITHER NUTRITIONALWELLNESS NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES,
SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS
WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT
FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT
THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON
THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE,
OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF NUTRITIONALWELLNESS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING
THE FOREGOING, THE TOTAL LIABILITY OF NUTRITIONALWELLNESS (AND THE PARTIES REFERENCED
ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING DIRECTLY OR
INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO
THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS
SECTION 18 WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION
CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED
AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
You agree to defend, indemnify, and hold harmless MPA, Inc. and its affiliates
and all of their respective employees, agents, directors, officers, employees,
proprietors, partners, representatives, shareholders, servants, attorneys,
predecessors, successors, and assigns, from and against any and all claims,
proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys' fees and litigation expenses), relating
to or arising from your use of the Site, any arrangements you make based
on information obtained at the Site, any products or services obtained
through the Site, and any breach by you of this Agreement.
20. Term and Termination.
This Agreement will take effect at the time you enter and begin using
the Site. NutritionalWellness reserves the right at any time to deny you access to
the Site or any portion thereof, and to terminate this Agreement.
21. Governing Law.
This Agreement has been made in and will be construed and enforced in
accordance with California law, as applied to agreements entered into
and completely performed in California. Any action to enforce this Agreement
will be brought in the federal or state courts presiding in Orange Country,
California U.S.A., and both parties expressly agree to be subject to the
jurisdiction of such courts. This Site is controlled and operated by NutritionalWellness
from its offices within the United States. NutritionalWellness makes no representation
that materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents are
illegal is prohibited. Those who choose to access this Site from other
locations do so on their own volition and are responsible for compliance
with applicable local laws.
The provisions of Sections 3-6 and 13-22 of this Agreement will survive
the termination of this Agreement. Failure to insist on strict performance
of any term of this Agreement will not operate as a waiver of any subsequent
default or failure of performance. No waiver of any term of this Agreement
will be valid unless in writing and acknowledged in writing or electronically
by both parties. If any portion of this Agreement is adjudged invalid
or unenforceable by a court of competent jurisdiction, the remaining portions
will remain valid, enforceable, and carried into effect. No joint venture,
partnership, employment, or agency relationship exists between you and
NutritionalWellness as a result of this Agreement or your use of the Site. Any rights
not expressly granted herein are reserved. This Agreement, NutritionalWellness's
of this Site constitute the entire agreement between you and NutritionalWellness
with respect to your use of the Site, and shall supersede any and all
prior understandings or agreements between the parties, whether written
You represent that you have read this Agreement, understand its terms,
and agree and intend to be legally bound by it. You acknowledge that,
in providing you access to and use of the Site, NutritionalWellness has relied on
your agreement to be bound by the terms of this Agreement.
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