WiggleMed, LLC website terms of use
These Terms of Use (the “Terms of Use” or the “Agreement”) describe the terms on which you may access and use the www.wigglemed.com website (the “Website”), which is owned and operated by WiggleMed, LLC (“WiggleMed”). By using this Website, you signify that you have read, understand and agree to be bound by this Agreement. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. In the event of any inconsistency between the WiggleMed, LLC Privacy Policy and this Agreement, this Agreement shall control. We may revise the Terms of Use from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms of Use every time you use the WiggleMed website because they are binding on you. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HERE, PLEASE DO NOT USE THIS WEBSITE.
Termination
WiggleMed reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice. Examples of activity that may lead to a termination of your use of the Website include your breach of any of these Terms of Use.
This Website Does Not Provide Medical Advice
Material on this Website is provided for informational purposes only. Inclusion of information on this site does not imply any medical advice, recommendation or warranty. Information provided is not a substitute for the advice of an appropriate health professional. Always seek the advice of your physician or other qualified health provider regarding any medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. WiggleMed does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be mentioned on this Website. Reliance on any information provided by WiggleMed, WiggleMed employees or otherwise appearing on the Website is solely at your own risk. While all attempts will be made to keep this site current, information may become outdated over time, or superseded by subsequent disclosure. This Website could also include technical or other inaccuracies or typographical errors. WiggleMed assumes no liability for the accuracy or completeness of, nor any liability to update, the information contained on this Website. Changes may be periodically added to the information and these changes will be incorporated in new editions of this Website.
User Submissions
The personal information you submit to WiggleMed is governed by the WiggleMed Policy. To the extent there is an inconsistency between this Agreement and the WiggleMed Privacy Policy, this Agreement shall govern.
The Site contains functionality that allows users to upload content to the Site. You agree that you will not upload anything confidential, inappropriate or anything that infringe or violate any rights of any party.
WiggleMed reserves the right to review any submission to the site and to remove any submission for any reason, at any time, without prior notice, at our sole discretion.
WiggleMed claims no ownership in, nor any affiliation with, third-party trademarks or brand names that may appear on this site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of WiggleMed should be inferred from their use.
Advertisements, Searches, and Links to Other Sites
WiggleMed may provide links to third-party web sites. WiggleMed also may select certain sites as priority responses to search terms you enter and WiggleMed may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. WiggleMed does not recommend and does not endorse the content on any third-party websites. WiggleMed is not responsible for the content of linked third-party sites, sites framed within the WiggleMed Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. WiggleMed does not endorse any product, service, or treatment advertised on the WiggleMed Site.
Limitation of Liability
WiggleMed, its affiliates and any of its, or their, governors, directors, officers, employees, or agents shall not, under any circumstances, be liable for direct, consequential, incidental, indirect or special damages of any kind, or any other damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, and whether resulting from the use or inability of use of any contents of this Website (or a Website linked to this Website), or any other cause and even if caused by negligence or if we have been apprised of the likelihood of such damages occurring.
The above limitation, or exclusion, may not apply to you to the extent that applicable law prohibits the limitation or exclusion of liability for incidental or consequential damages. WiggleMed's total liability to you hereunder shall not, in any event, exceed your online charges for accessing this Website.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT WIGGLEMED DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY PERSONAL INFORMATION. WIGGLEMED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WIGGLEMED MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (4) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WIGGLEMED OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Waiver of Jury Trial and Class Actions
BY ENTERING INTO THESE TERMS OF USE, YOU AND WIGGLEMED ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WIGGLEMED BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WIGGLEMED BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Indemnification
By accepting these Terms of Use, you agree to indemnify and otherwise hold harmless WiggleMed and its officers, employees, agents, subsidiaries, affiliates, licensors, suppliers and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of this Website.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that WiggleMed may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of WiggleMed and the public.
Jurisdiction
This Website (excluding linked sites) is controlled by WiggleMed, LLC from its offices in the State of Minnesota in the United States. By accessing this Website, you and WiggleMed agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the State of Minnesota, without regard to its conflicts of laws principles. You and WiggleMed also agree, and submit to the exclusive personal jurisdiction and venue of the courts of the State of Minnesota with respect to such matters. WiggleMed makes no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws.
Notices
WiggleMed may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on the WiggleMed website. You may give notice to, or submit comments or questions to, WiggleMed at any time via e-mail at contact@wigglemed.com
Survival
The provisions of these Terms of Use entitled “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Jurisdiction” and “General Provisions” will survive the termination of this Agreement.
General Provisions
Except as provided in a particular “Legal Notice” on this website, these Terms of Use, along with the WiggleMed Privacy Policy, constitute the entire agreement and understanding between you and WiggleMed with respect to use of this Website, superseding all prior or contemporaneous communications with WiggleMed. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Effective date: June 1. 2015