- Additional Terms.
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.
- 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.
- Prohibited Uses.
- 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
- 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.
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.
- 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.
- Termination; Modifications.
- 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. 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:
123 W 18th Street
New York, NY 10011
Attn: Chief Legal Officer
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.
- Contact Us
If you have questions or concerns regarding the above, you may contact us at 888-362-4321
123 W 18th Street, 8th floor
New York, NY 10011
Attn: Chief Legal Officer