Terms Of Use

These Terms of Use (“Terms of Use” or “Terms”) govern your use of the Website (the “Website”) provided by PWNHealth, LLC ( “PWNHealth”, “we” or “us”).  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE.

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE WEBSITE.

 

  1. Changes to our Terms of Use.

We reserve the right to modify or amend these Terms of Use at any time. All changes to these Terms of Use will be effective immediately upon their posting to this webpage. We will notify you of material changes to these Terms of Use by conspicuously posting the changes on the Website. Continued use of the Website after the effective date of a modified Terms of Use will indicate your agreement to any modified terms.  Each version of our Terms of Use will be prominently marked with an effective date.  If any of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.

For the avoidance of doubt, this Terms of Use applies to your use of this Website and does not apply to other PWNHealth websites specific to programs involving PWNHealth services.   Such websites are governed by terms displayed on such websites.
 

  1. Additional Terms.

Your use of the Website are subject to any additional terms and polices, such as our Privacy Policy [LINK], of which we provide notice to you.  You grant PWNHealth and our service providers the right to use your information as described in the Privacy Policy.

This Website is offered and available to users who are 16 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with PWNHealth and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
 

  1. Links to Other Websites.

The Website may contain links to third party Websites.   PWNHealth is not responsible for the content of such third party Websites, including Websites framed within the Website.   If you elect to use such third party Websites, your use is at your own risk and is subject to the terms and conditions of use for such Websites.
 

  1. Prohibited Uses.  

You may not use the Website except as expressly permitted in these Terms of Use.  You will not:

  • Use the Website for any unlawful purpose;
  • Use the Website in any manner that could disable, damage or overburden the Website or interfere with other users’ use of the Website;
  • Introduce any viruses, Trojan horses, worms, malware, time bombs or other material that is malicious, harmful or may damage the Website
  • Disrupt, interfere with, or attempt to gain unauthorized access to any part of the Website, including any data on the Website or connected server or database
  • Circumvent, bypass or breach any security device, protection or technological measure implemented by PWNHealthor our service providers to protect the Website
  • Attempt, in any manner, to obtain the password, account, credentials or other security information from any other user or impersonate any other user, person or entity
  • Remove, delete, alter or obscure any trademarks, specifications, warranties or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website or any content made available to you through the Website

 

  1. Limitation of Liability

IN NO EVENT WILL PWNHEATH OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS  BE LIABLE TO YOU FOR ANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF WEBSITE OR THE SERVICES, EVEN IF PWNHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF PWNHEALTH AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS ARISING IN CONNECTION WITH OR UNDER THESE TERMS EXCEED U.S. ONE HUNDRED DOLLARS ($100 USD). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OR THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.
 

  1. Disclaimers

THE WEBSITE AND THE CONTENT ARE PROVIDED SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  PWNHEALTH AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS OR SERVICE PROVIDERS HEREBY DISCLAIM ALL EXPRESSED AND IMPLIED WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. PWNHEALTH AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, PHYSICIANS, HEALTHCARE PROVIDERS AND SERVICE PROVIDERS SHALL NOT BE HELD RESPONSIBLE FOR ANY ACTION TAKEN BY YOU OR OTHERS THAT IS BASED ON THE CONTENT PRESENTED THROUGH THE WEBSITE AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT (I) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, (III) THAT THE WEBSITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR (IV) THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED THROUGH THE WEBSITE.  .   IN NO EVENT SHALL PWNHEALTH BE LIABLE FOR ANY DAMAGES OR HARM CAUSED FROM OR BY YOUR USE OF THE SERVICES, WEBSITE OR ANY RELATED CONTENT IF SUCH USE VIOLATES THESE TERMS.
 

  1. Indemnification

You agree to defend, indemnify and hold harmless PWNHealth, and its subsidiaries, affiliates and respective officers, directors, employees, agents, partners, licensors, physicians, healthcare providers and service providers from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (i) your violation of these Terms of Use or other policies or any applicable law or regulation or (ii) your use of the Website in an unauthorized manner.
 

  1. Proprietary Rights

The Website and the content made available to you on or through the Website, including, without limitation, all content, text, graphics, icons and images, and all intellectual property rights therein and any suggestions, ideas or other feedback provide by you are the sole and exclusive property of PWNHealth or our service or content providers and are protected by U.S. and foreign intellectual property laws.   The Website and related content contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws.  The compilation of all of the content on the Website is also the exclusive property of PWNHealth and is protected by U.S. and foreign intellectual property laws.  Except as expressly authorized by PWNHealth, you may not use, sell, modify, reproduce, redistribute, create derivative works, or otherwise exploit  information provided to you through the Website, in whole or in part.  PWNHealth grants you a limited, non-exclusive right to access and use the Website for personal, non-commercial purposes.  Any use of the Website other than specifically authorized herein is strictly prohibited.   Certain names, logos, brand or other materials displayed in and through the Website may constitute trademarks, trade names, service marks or logos (“Trademarks”) of PWNHealth, its affiliates or partners.   You may not use such Trademarks without the prior written permission of PWNHealth or its affiliates or partners, as applicable.
 

  1. Termination; Modifications.

PWNHealth may terminate these Terms of Use at any time in its sole discretion.  PWNHealth may terminate, suspend or modify the Website at any time in its sole discretion with or without notice to you.    Permission to use the Website may be terminated by PWNHealth at any time in its sole discretion. PWNHealth shall not be liable if for any reason all or any part of the Website is unavailable.
 

  1. General.

These Terms of Use, the PWNHealth Privacy Policy and any other agreements incorporated by reference herein constitute the entire agreement between you and PWNHealth with respect to the use of the Services.   These Terms of Use and your use of the Website are governed by the laws of the State of Delaware, without respect to its conflict of law principles.   You expressly agree that exclusive jurisdiction for any dispute with PWNHealth or in any way relating to your use of the Website, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute.  If any provision of these Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  Upon termination of these Terms of Use, any provision that by its nature or express terms should survive, will survive such termination.  You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of these provisions shall be null and void  PWNHealth may freely assign or transfer these Terms of Use without restriction.   Subject to the foregoing, these Terms of Use will bind and insure to the benefit of the parties, their successors and permitted assigns.
 

  1. DMCA Notification

PWNHealth reserves the right to remove any content or any other material or information available on or through the Website, at any time, for any reason. PWNHealth otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section 20 describes the procedure that should be followed to file a notification of alleged copyright infringement with PWNHealth.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through the Website, you may submit a notification to our Designated Agent at the following address:

PWNHealth
123 W 18th Street
New York, NY 10011
Attn: General Counsel
 
Any notification to PWNHealth under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • An identification of the content or material that you claim is infringing and where it is located on the Website;
  • Information sufficient for PWNHealthto contact you, such as your address, telephone number and/or email address;
  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent or the law; and
  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
  1. Contact Us

If you have questions or concerns regarding the above, you may contact us at:
 
PWNHealth
123 W 18th Street
New York, NY 10011
Attn: General Counsel
or
888-362-4321