Use Of The Sites
SalusWell Lifestyle Health & Wellness on its own behalf and on behalf of its Platform mysaluswell.comcollectively referred to as “SalusWell”, (“we”, “us”, or “our”), SalusWellmakes certain telehealth related information available to you and/or facilitates your access to telehealth and healthcare services (“SalusWellServices”)that require you to create an account in order to use SalusWell Services.
Right To Modify
Access To Services
SalusWell’s role is limited to making certain telehealth related information available to you and/or facilitate your access to telehealth Lifestyle Health and Wellness services. SalusWell is independent from healthcare providers who will be providing such telehealth services to you through the mysaluswellPlatform and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. Each healthcare provider is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. SalusWell does not engage in the practice of medicine or provide any other health services.
Representations And Warranties
You by providing a credit card or other payment method accepted by SalusWell Services (“Payment Method”), are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services and Products, together with any applicable taxes.
You agree that authorizations to charge your Payment Method will remain in effect until you cancel it in writing, and you agree to notify SalusWell of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services and Products that correspond to consultation fees or your purchase of any Services and Products offered by SalusWell Services.
You acknowledge and agree that fees for Services and Products may increase at any time.
Intellectual Property Rights
SalusWellis the sole and exclusive owner of the SalusWell Website and mysaluswellPlatform, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the SalusWell Website and mysaluswellPlatform and any related materials and documentation. No title or ownership of the SalusWell Website andmysaluswell Platform or any portion thereof is transferred to you hereunder. SalusWellreserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the SalusWell Website andmysaluswellPlatform.
You may provide input, comments or suggestions regarding the SalusWell Website and mysaluswellPlatform or SalusWellServices (“Feedback”). You acknowledge and agree that SalusWellmay use any Feedback without any obligation to you and you hereby grant SalusWella worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as SalusWellmay deem appropriate, without restriction, for any and all commercial andor non-commercial purposes, in its sole discretion.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by SalusWell. Any views expressed by third parties on the SalusWell Website and mysaluswell Platform are solely the views of such third party and SalusWellassumes no responsibility for the accuracy or veracity of any statement made by such third party.
Indemnification And Limitation Of Liability
IN NO EVENT SHALL SALUSWELLBE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SALUSWELL WEBSITE OR MYSALUSWELL PLATFORM OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SalusWellshall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond SalusWell’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The SalusWell Website and mysaluswell Platform are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, SalusWelldisclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. SalusWelldoes not warrant that the SalusWell Website and mysaluswell Platform will be uninterrupted or error-free, that defects will be corrected or that the SalusWell Website and mysaluswell Platform or the server that makes it available are free of viruses or other harmful components.
SalusWellmakes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platform for a particular purpose. SalusWell assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SalusWell Website and mysaluswellPlatform.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Choice Of Law And Jurisdiction
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.
Niagara Falls, ON