Thank you for visiting Wellnecity. Whether you are a new or returning visitor, we welcome your interest in our services.
By accessing the Website and/or using our services, you acknowledge that you are legally authorized to enter into a contractual agreement for yourself, or on the behalf of another individual or entity, and you hereby accept these Terms. If you cannot accept these Terms, then you may not use the Website or associated services.
Any disputes that may arise under these Terms will be governed by the version of the Agreement in effect at the time of the event that gave rise to the dispute. Except for changes discussed here, no other amendment or modification of these Terms will be effective unless made in writing and agreed upon in writing by you and us.
1. USE OF THE WELLNECITY WEBSITE
3. WE DO NOT PROVIDE MEDICAL CARE OR ADVICE
Wellnecity is not a medical group, and it does not provide medical advice, care, and/or treatment. Wellnecity provides healthcare data analytics to assist health plans and their beneficiaries identify cost savings in the management of health benefits. The contents of the Website and its services are for informational purposes only.
Always seek the advice of your Provider or other qualified health care professional with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking treatment because of information you may read or view on this website. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
If you believe you are experiencing a medical emergency, call 9-1-1 immediately.
3. WEBSITE CONTENT
By accessing the Website, you acknowledge and agree to uphold the intellectual property rights of Wellnecity and any of our affiliates and third parties who may contribute to the Website.
“Website Content” includes original works of authorship (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of Wellnecity or its suppliers. Website Content also extends to the trademarks, trade names, trade dress, logos, domain names and service marks that are displayed on the Website. Further, to the extent that you receive software through your use of the Website, such software is deemed part of the Wellnecity Website.
Nothing on our Website or in these Terms shall grant you a license or right to use any trademarks or other Website Content without the written permission of Wellnecity. Specifically, Website Content may not be copied for commercial use or distribution, nor may the Website Content be updated, processed or reposted to other websites without express written permission.
The compilation of all content on this site along with any software used on this site is the exclusive property of Wellnecity, its suppliers, or Wellnecity’s or its suppliers’ licensors and is protected by U.S. and international copyright laws. The respective owners and licensees of any copyrights included on the Website retain and reserve all of their rights related to such copyrights.
Website content that is used or referenced in any print or electronic media must be done in accordance with generally accepted industry standards and must provide for proper attribution to Wellnecity.
“Wellnecity” is a service mark of Wellnecity, LLC with all rights reserved. The Website may include these and other registered or unregistered trademarks or service marks of Wellnecity, its suppliers, or Wellnecity’s, or its suppliers’ licensors. The respective owners and licensees of any marks included on the Website retain and reserve all of their rights related to such marks.
6. TRADE SECRETS
The Website may contain software or other information that is confidential and proprietary to Wellnecity, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries. As part of our efforts to maintain the secrecy of such information, you are prohibited from decompiling, reverse engineering and/or disassembling any portion or the whole of the Website.
Wellnecity grants to you a non-exclusive and non-transferable license to:
- Use the Website as provided herein, until this Agreement is terminated;
- Access, load, store and operate the Website with browser software; and
- Display, download and print portions of the Website to investigate and/or purchase product(s) and/or service(s), if applicable, subject to the limitations in this Agreement.
8. RESTRICTIONS ON USE
Notwithstanding the above, you shall NOT, without the prior written consent of Wellnecity:
- Decompile, reverse engineer, disassemble and/or create derivative works from the Website;
- Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations contained in the Website;
- Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Website to any third parties;
- Use the Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the Website;
- For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Website or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
- Store the accessed, used, or downloaded Website in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;
- Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract; components or create derivative works of the Website;
- Remove, modify, hide or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on the Website, component thereof or output there from;
- Co-brand the Website or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of Wellnecity. For purposes of this Agreement, “co-brand” or “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Wellnecity in causing any unauthorized co-branding, framing or hyper-linking immediately to cease; or
- Interrupt, or attempt to interrupt, the operation of the Website in any way.
The Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement and may be a violation of the Digital Millennium Copyright Act of 1998 and may subject the violator to civil and criminal penalties.
9. THIRD PARTY WEBSITES
The Website may contain links to other websites, and other websites may contain links to the Website, such websites not being owned by, or under the direct control of, Wellnecity (“Linked Website(s)”). Wellnecity does not endorse, and is not responsible for, the functionality of the links to or from, content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website.
10. INTERNATIONAL USERS
The Website is controlled, operated and administered by Wellnecity from our offices within the United States. If you access this Website from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Wellnecity content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
11. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION, INCLUDING YOUR MEDICAL INFORMATION, WILL NOT BE DISCLOSED OR (D) INFORMATION PROVIDED IN THE WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE.
12. LIMITATIONS ON LIABILITY
USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR HAVING INPUT YOUR INFORMATION INTO THE WEBSITE. WELLNECITY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OF WELLNECITY. SPECIFICALLY, WELLNECITY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEYS FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. LIMITATION OF DAMAGES
THE LIABILITY OF WELLNECITY, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE WEBSITE OR THE INSURANCE PRODUCT(S) OR INSURANCE SERVICE(S) OFFERED THEREIN IS LIMITED TO THE MINIMUM AMOUNT ALLOWABLE BY LAW AND IN NO EVENT SHALL IT EXCEED ONE DOLLAR ($1.00).
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, thirty (30) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, or (C) if by next day delivery service, upon such delivery.
17. FORCE MAJEURE.
If the performance of any part of this Agreement by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement.
18. CHOICE OF LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to the principles of conflicts of laws.
19. JURISDICTION AND VENUE.
YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT.
20. ATTORNEYS FEES
You knowingly, voluntarily and intentionally agree to pay all costs and expenses, including attorney’s fees, for Wellnecity with respect to any proceeding arising out of or in any way relating to this Agreement, regardless of the outcome of said proceeding.
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
22. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Wellnecity, LLC with respect to the use of our Website, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
23. CONTACT US