Terms of Use - wellpathintegrative.com

Effective Date: September 27, 2022

General

This website (the “Site”) is owned and operated by WellPath Integrative Medicine, LLC., a Limited Liability Company duly organized under the laws of the state of Colorado (“we” or “us”). Please read these Terms of Use (“Terms”) carefully before accessing wellpathintegrative.com (the “Site”) as they are a legally binding between you and us. By using the Site, you agree to be bound by these Terms and to use the Site in accordance with these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site. By accessing or using the Site and/or utilizing any of WellPath Integrative Medicine, LLC.’s services, you accept and agree to be bound and abide by these Terms and the Privacy Policy. If you do not agree to any portion of these Terms or the Privacy Policy, you must not access or use the Site or otherwise use any services provided by WellPath Integrative Medicine, LLC.

We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on this Site. All changes are effective immediately when posted on the Site and apply to all access to and use of the Site and any our services thereafter. By continuing to use the Site after we post any such changes, you accept the Terms, as modified.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree that all information you provide on the Site, including but not limited to through the use of any interactive features on the Site, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

This Site and the entire contents of the Site are the property of us and/or our affiliates or licensors, and are protected by United States and international copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, without prior written permission from WellPath Integrative Medicine, LLC. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Disclaimers

You expressly agree that use of the Site is at your sole risk. Neither WellPath Integrative Medicine, LLC., nor its associated websites, nor its employees or providers, warrant that the Site will be uninterrupted or error-free; nor do they warrant or make any representations regarding the use of the information provided on the Site or the results that may be obtained from the use of the information provided on the Site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site. WellPath Integrative Medicine, LLC. does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to the Site unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
The information, products, and services offered on or through the Site are provided by WellPath Integrative Medicine, LLC. on an “as is” and “as available” basis. WellPath Integrative Medicine, LLC. makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or individuals included or listed on the Site. To the fullest extent permissible by applicable law, WellPath Integrative Medicine, LLC. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall WellPath Integrative Medicine, LLC. or its providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold, recommended or provided on the Site or the use of the information or the results of the use of the information provided on the Site, even if WellPath Integrative Medicine, LLC. is expressly advised of the possibility of such damages. No oral advice or written information given by WellPath Integrative Medicine, LLC., providers or the like, shall create a warranty; nor shall user rely on any such information or advice.
Under no circumstances shall WellPath Integrative Medicine, LLC. or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses or other harmful components, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Site’s records, programs, or services.
We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Site. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Medical Disclaimer

Information provided on the Site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, therapy or counseling tailored to any individual. The information contained on this Site is strictly for educational purposes. Therefore, if you wish to apply ideas contained on this Site, you are taking full responsibility for your actions. We assume no responsibility for errors or omissions that may appear in any Site’s materials.

The opinions and/or information presented on this Site are in no way intended as medical advice or as a substitute for medical diagnosis or treatment and as a material condition of this agreement, you agree not to use such opinions or information in this manner. Any information provided on this Site should only be used in conjunction with the guidance, care, and approval of your health care provider. Consult your health care provider before beginning any diet, nutrition, or fitness plan, including any offered through the Site. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health care provider because of something you may have read on this site. The use of any information provided on this Site is solely at your own risk.

Your health care provider should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Nothing herein is intended to diagnose, treat, cure or prevent any disease. Always seek the advice of your personal health care provider or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.

Special Medical Conditions: If you have special medical conditions, including, but not limited to, you are pregnant, a nursing mother, anorexic, bulimic, diabetic, have a heart condition, or if your health conditions change in a material way, you agree not to participate in any program discussed on the Site or otherwise promoted or offered by WellPath Integrative Medicine, LLC. except on the specific advice of your personal health care provider.

Reliance on Information Posted

The information posted on or through the Site or any social media page organized by WellPath Integrative Medicine, LLC. is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Third-Party Content

The Site and any social media page organized by WellPath Integrative Medicine, LLC. may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WellPath Integrative Medicine, LLC., are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WellPath Integrative Medicine, LLC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. These links are provided for your convenience only. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. We have no control over the content of the third-party websites and do not guarantee the accuracy, completeness, or usefulness of any content offered by the third-party websites. We accept no responsibility for them or for any loss or damage that may arise from your use of them.

User Contributions

The Site may contain message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Sites. By posting a User Contribution on our Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older.

All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Site, you grant us and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, display, distribute, and publicly display any User Contributions for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

You acknowledge that we have the right but not the obligation to use and display any User Contributions of any kind and that we may elect to cease the use and display of any User Contributions (or any portion thereof), at any time for any reason whatsoever.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
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 and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Prohibited Uses of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate WellPath Integrative Medicine, LLC. or its employee, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm WellPath Integrative Medicine, LLC. or users of the Site or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Sites.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Sites.
Otherwise attempt to interfere with the proper working of the Site.

Monitoring and Enforcement of Terms of Use; Use Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for Autoimmune Strong.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms, at any time without notice. In the event of termination or suspension, you are no longer authorized to access the part of the Site affected by such termination or suspension. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.

Without limiting the foregoing, we have the right to cooperate fully 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 the Site. You agree to waive and hold harmless WellPath Integrative Medicine, LLC. and its affiliates, licensees, and service providers from any claims resulting from any action taken by WellPath Integrative Medicine, LLC. and any of the foregoing parties during, or taken as a consequence of, investigations by either WellPath Integrative Medicine, LLC. or law enforcement authorities.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Dispute Resolution

All matters relating to the Site and these Terms and the Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Colorado. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Indemnity

You agree at all times to defend, indemnify, and hold WellPath Integrative Medicine, LLC., its affiliates, their successors, providers, agents, owners and employees harmless from and against any and all claims, actions or demands, damages, liabilities, costs and expenses, including legal fees and expenses, and settlements resulting from, or alleged to result from, your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Geographic Restrictions

The owner of the Site is based in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Contacting WellPath Integrative Medicine, LLC.

To contact us regarding these Terms and Privacy Policy, you may contact us emailing info@wellpathintegrative.com and one of our customer service representatives will get back to you in the order your message was received.