TERMS OF USE


PLEASE READ THESE TERMS CAREFULLY

Welcome to our website (the “Site”). This Site is owned and operated by North American Physician Consultants LLC dba Nu-Well Physicians (“Nu-Well Physicians”). Use of our Site is conditioned upon your acceptance of these terms and conditions (the “Terms of Use”). By accessing or using this Site, using any function provided by the Site or accessing any of the content or services provided through this Site, you acknowledge that you have read, understand and agree to these Terms of Use. These Terms of Use are subject to change from time to time, so you should periodically review these Terms of Use for any such changes. Use of this Site or any feature of this Site after any such changes constitutes your acceptance of the Terms of Use in effect at the time of such use.

1. Scope of Use

This Site is provided by Nu-Well Physicians. All software and content included on this Site, such as text, images and logos, are owned or licensed by Nu-Well Physicians, its affiliates, subsidiaries, licensors or content suppliers, and are protected by United States and other national trademark and copyright laws. Nu-Well Physicians grants you permission to view and use the content made available to you on the Site only for purposes of ordering products or services offered for sale through the Site. Otherwise, no material from this Site or any other website owned, operated, licensed, or controlled by Nu-Well Physicians or any of its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way for any other purpose. Modification of the materials or use of the materials from this Site for any other purpose is a violation of Nu-Well Physicians’ trademark, copyright and other proprietary rights. Any product, process or technology described on this Site may be the subject of other intellectual property rights reserved by Nu-Well Physicians or its affiliates and are not licensed hereunder. You have no right, title or interest (and no trademark, copyright, patent or other intellectual property right) in or to the Site or any materials on this Site. You also agree not to “frame” or “mirror” the Site.

You may not use any email or other communication functions provided by the Site to send unsolicited commercial communications; to send bulk emails; to send viruses, worms, defects, Trojan horses, corrupted files, or any other such items of a destructive or deceptive nature; or to send phishing emails (i.e., any attempt to acquire other person’s data, such as passwords, financial details, and government identification numbers, under false pretences) or other communications that conceal or falsify your identity when sending an email through the Site.

2. Privacy Policy

Any information you give us will be processed, stored and used in accordance with Nu-Well Physicians’ Website Privacy Policy, which can be found here. Your acceptance of these Terms of Use also means you understand and consent to the information collection, use and disclosure practices described in our Privacy Policy.

3. Disclaimer

THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NU-WELL PHYSICIANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NU-WELL PHYSICIANS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF ANY USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

NU-WELL PHYSICIANS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (A) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (B) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (D) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND NU-WELL PHYSICIANS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

4. Limitation of Liability

NU-WELL PHYSICIANS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF NU-WELL PHYSICIANS, AN AFFILIATE OF NU-WELL PHYSICIANS, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NU-WELL PHYSICIANS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO NU-WELL PHYSICIANS, IF ANY, FOR ACCESSING THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

5. Use of the Site Features; Your Indemnity

You may not use or upload any user content that would infringe the copyright, trademark, service mark, privacy, publicity, patent or other intellectual property rights of any person or entity. By uploading any user content into the Site, you represent and warrant to Nu-Well Physicians that you have the free and clear right to use, display, reproduce and transmit the user content; that doing so does not infringe any right of any person or entity; and that you have the express consent of any person or entity depicted or represented by or in any user content.

You agree to indemnify and hold Nu-Well Physicians and its affiliates and their respective officers, directors, employees and agents harmless against any claim, demand, action or suit alleging that your or Nu-Well Physicians’ use, submission, display, transmission, reproduction or sharing of any user content, or your use of this Site, infringes or violates the rights or property of any person or entity.

6. Access Security

By registering, you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality and security of your log-in information and password. Your log-in information and password may not be shared with or used by any other person, and may only be used as we may expressly authorize. You are solely liable for any unauthorized or unlawful use of any log-in information and password we may make available for you to access any part of this Site, and you will indemnify and hold Nu-Well Physicians harmless from any suit, claim, loss or damage (including attorneys’ fees) arising from or relating to the unauthorized or unlawful use of any log-in information or password used to access any part of this Site.

7. Changes and Modifications

Nu-Well Physicians, at its sole discretion, may change, modify, revise and/or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Any use of the Site after such notice shall be deemed to constitute acceptance of such changes, modifications, or revisions. Nu-Well Physicians may modify its services at any time.

Nu-Well Physicians may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Nu-Well Physicians may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Nu-Well Physicians may terminate the authorization, rights and license given to you in these Terms of Use, including the right to access the Site or to use any function of the Site, at any time in its sole discretion.

8. Third-Party Providers and Sites; External Linking to the Site

On the Site, Nu-Well Physicians may provide links or other access to third-party websites, social media services or other web locations. If you use these third-party site links, you will leave the Site. Nu-Well Physicians makes no warranty or representation regarding, and does not endorse or otherwise sponsor, any linked third-party web sites or the information appearing thereon or any of the products or services described thereon. Nu-Well Physicians disclaims all liability with regard to your access to or use of such linked third-party websites, social media services or other web locations.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

you do not remove, distort or otherwise alter the size or appearance of any Nu-Well Physicians trademark, service mark or logo, or any other trademarks, service marks or logos appearing on the Site;

you do not create a frame or any other browser or border environment around this Site;

you do not in any way imply that Nu-Well Physicians is endorsing any products or services other than its own;

you do not misrepresent your relationship with Nu-Well Physicians and do not present any other false information about Nu-Well Physicians;

you do not use any Nu-Well Physicians trademarks, services marks or logos displayed on this Site without the express written permission of Nu-Well Physicians;

you do not link from a website that is not owned by you; and

your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or entity, or otherwise does not comply with all applicable laws and regulations.

Nu-Well Physicians expressly reserves the right to revoke the right granted in this section for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Nu-Well Physicians for any loss or damage suffered by Nu-Well Physicians for breach of this section.

9. Trademark and Copyright Properties

Unless otherwise noted, all trademark and copyright properties appearing on this Site are owned or licensed by Nu-Well Physicians and/or its affiliates or subsidiaries. All other brand names, product names, trademarks, services marks or logos belong to their respective holders. Any and all trademark and copyright properties appearing on this Site may not be used in connection with any product or service that is not a Nu-Well Physicians product or service, may not be used in any manner that is likely to cause confusion among consumers, and may not be used in any manner that disparages or discredits Nu-Well Physicians.

10. Governing Law

These terms shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without reference to conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Florida, one of the United States of America, for resolution of all disputes arising from, concerning, or related to these Terms of Use or your use of the Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.

11. Local Laws

This Site is operated from or through one or more Nu-Well Physicians or third-party facilities. Nu-Well Physicians makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws. In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use including, without limitation, this paragraph and the warranty disclaimers and liability exclusions above. Nu-Well Physicians has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk, and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall govern such use and remain in full force and effect.

12. General Terms

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Nu-Well Physicians with respect to this Site. No modification to the Terms of Use or the Privacy Policy shall be effective unless made and executed by Nu-Well Physicians. Any alleged waiver of any breach of the Terms of Use or the Privacy Policy shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and the Privacy Policy or any notice given by Nu-Well Physicians in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use, the Privacy Policy or your use of this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Nu-Well Physicians in printed form.