Terms and Conditions for Access and Use of Medical Wellness Association Web Site
The Medical Wellness Association, Inc.’s Web site (the “Web site”) is an online communication and vendor information service provided by Medical Wellness Association, Inc. (“Medical Wellness Association”). Access and use of the Web site is subject to compliance with the terms and conditions set forth in this agreement (“Agreement”). Please take the time to examine this document carefully and understand its full contents before accessing or using the Web site. By accessing or using the Web site, you will agree to be legally bound by the terms and conditions set forth below. You should not access or use the Web site if you do not want to be bound by these terms and conditions, without exception. This Agreement may be modified at any time without notice, and any such modification shall be effective immediately upon posting. By accessing and using this Web site you agree to periodically review this Agreement and be bound by any modifications or amendments to this Agreement.
Medical Wellness Association Usage Agreement
By accessing and using the Web site you hereby agree to fully comply with the Operational Polices (“Policies”) set forth below. The Policies are the rules that govern the use of, and activity in connection with the Web site. Medical Wellness Association has the right to amend such Policies without notice and from time to time as it in its sole discretion deems appropriate.
The additional legal terms and conditions stated below, as well as the legal terms and conditions above, apply to use of the Web site. Use of and/or access to the Web site constitutes acceptance of these legal terms and conditions. Your communications on, or through, the Web site are not edited, censored, or otherwise controlled by Medical Wellness Association.
Medical Wellness Association Disclaimer
Medical Wellness Association is a company registered under the laws of the State of Texas. The commitments and responsibilities are set forth elsewhere in this Web site and are included by reference here, as an integral part of this Agreement. Medical Wellness Association retains sole discretion as to decisions made regarding any use of this Web site. Medical Wellness Association reserves the right to void or delete information for any reason, without notice, and as it deems necessary.
BY ACCESSING OR USING THIS WEB SITE, YOU ASSUME ANY AND ALL RESPONSIBILITY AND RISK OF USE OF THE WEB SITE AND ANY PRODUCTS OR SERVICES CONTAINED THEREIN. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. Medical Wellness Association ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEB SITE OR ANY OTHER WEB SITE WHICH MAY BE REFERENCED OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES,INFORMATION, OR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. Medical Wellness Association MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE FUNCTION OF PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEB SITE WHEN HANDLING DATES IN OR AFTER THE YEAR 2000, AND DISCLAIMS ANY LIABILITY FOR THEIR FAILURE TO HANDLE SUCH DATES PROPERLY. UNDER NO CIRCUMSTANCES SHALL Medical Wellness Association BE LIABLE TO A USER OR ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, SALES, GOODWILL OR PROFITS, WHETHER OR NOT Medical Wellness Association HAS BEEN ADVISED OF SUCH POSSIBILITY, OR UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, COMMUNICATION OR TRANSMISSION WITH OR BY THE WEB SITE. THEINFORMATION INCLUDED IN THIS WEB SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. Medical Wellness Association MAY MAKE IMPROVEMENTS AND/OR AMENDMENTS TO THE WEB SITE AT ANY TIME WITH OR WITHOUT NOTICE ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR. IT IS SOLELY THE USERS RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION, SERVICES, MERCHANDISE PROVIDED THROUGH THE WEB SITE. Medical Wellness Association DOES NOT AND WILL NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED.
Links To Third Parties’ Sites
This site may contain links and pointers to sites maintained by third parties. Medical Wellness Association does not operate or control, in any respect, any software, hardware, information, products or services received on or through such third-party sites. Third-party links and pointers are included solely for the convenience of third-party, and do not constitute any endorsement, representation, warranty, or guarantee by Medical Wellness Association of such third-party sites. Third-party assumes sole responsibility and risk for use of such third party links and pointers.
Third Party Sources
In order to provide a comprehensive resource for members, Medical Wellness Association has collected product and service information from many sources. The accuracy of information has not necessarily been verified. If you believe any information is inaccurate, please contact Medical Wellness Association at [email protected]
Inclusion and Deletion
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
Jurisdiction, Venue, Choice of Law, Arbitration
This Agreement is governed by the laws of the State of Texas, USA without regard to conflicts of laws principals. You consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, U.S.A. in all disputes arising out of or relating to the use of this Internet web site. Use of this site is unauthorized in any jurisdiction, which does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Medical Wellness Association Inc.’s performance of this Agreement is subject to existing laws and legal process in the State of Texas and nothing contained in this Agreement is in derogation of Medical Wellness Association’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Medical Wellness Association with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, such invalid or unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that emulates the intent of such original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Medical Wellness Association with respect to this site and it supersedes all prior or contemporaneous oral, written or electronic communications and proposals between you and Medical Wellness Association regarding this site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions or any agreement incorporating these terms and conditions be reference, shall be settled by arbitration to be held in Harris County, Texas, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The Parties shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses. Any rights not expressly granted herein are reserved.
Copyright and Trademark Notices
The entire contents of the Web site are copyrighted under the United States copyright laws. Medical Wellness Association is the exclusive owner of the copyright. “Medical Wellness Association”, is a registered trademark of Medical Wellness Association, Inc.