terms of use | wellclicks

1. Introduction

Welcome and thank you for visiting the www.wellclicks.com website ("Website"). wellclicks® ("wellclicks", "us" or "we") asks that you please read this Terms of Use Statement ("Terms of Use") very carefully. By accessing and using this Website, including all viewable Website content ("Content"), you agree to be bound by the Terms and Conditions below. Information on this Website may be changed and updated at any time without notice. wellclicks reserves the rights to correct any errors, inaccuracies, or omissions and to update and change the information contained in this document. Your use of the Website following any such modifications constitutes your agreement to be bound by the Terms of Use as modified. If you do not agree with or wish to be bound by these Terms of Use, you are not authorized to access or use this Website for any purpose.

2. Users of the Site

wellclicks grants you permission to use the Website for your personal, noncommercial purposes, with the exception of service providers' ("Providers") use of the back office. Your use of this Website is subject to the following general term and conditions:

You agree to use the Website for lawful purposes and to comply with all applicable laws, rules and regulations while using the Website.
You represent you are at least 18 years of age and possess the legal right and ability to agree to the Terms of Use.
You agree not to take action that might compromise the security of this Website, render it inaccessible to others or otherwise cause damage to the Website or any Content contained on the Website.
You agree not to add to, subtract from, or otherwise modify the Content, unique session identifiers or HTTP headers used in the displaying of this Website.
You agree not to copy, distribute, modify, transmit, re-use, re-post, or otherwise display this Website content for public or commercial purposes without wellclicks' permission for such use of Content.
You agree not to frame or reproduce any parts of the Website without permission from wellclicks.
You agree that Content regarding fee information, fee transactions or other pricing data available from the Website shall not be used inappropriately. Price information shall not be used to create a database of providers' rates.
In regards to user posted content ("User Content"), such as customer feedback or message board postings, you agree to refrain from posting, delivering, or providing links to:
- Any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Site, or any postings which advocate illegal activity.
- Any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
- Any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Any postings containing defamatory, false or libelous material.
- Any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
You agree not to impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
You agree not to attempt to gain unauthorized access to or perform any actions that may prevent the intended and effective operation of this Website, any related website, other accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means.

3. Accuracy or Authenticity of Information

Because the information contained in this Website and its subparts was compiled from various sources, wellclicks does not endorse, warrant or guarantee the accuracy, authenticity or completeness of any information or references displayed in this Website, nor shall any of this information be deemed as giving legal, medical or healthcare advice by wellclicks.

Matches with Providers are made based solely on the information provided by the Website users and Providers. wellclicks does not make any guarantees about your satisfaction with the Providers or the unique services offered ("Services"), posted and delivered by Providers you connected with using the Website. You have a choice when pursuing and initiating a new healthcare relationship. wellclicks recommends that you conduct your own research to verify the accuracy of the information the Providers have displayed on the Website.

All Providers are responsible for the accuracy of the information they are representing. They warrant that the Services and information displayed by them are legal, accurate and truthful. In addition, Providers warrant they have the required skills, knowledge and training to perform the Services they are offering.

ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION ON THIS WEBSITE, WELLCLICKS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENTS OR ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

4. Disclaimer of Liability

Neither wellclicks nor its agents, affiliates, employees or contractors shall be liable to you or any other person or entity for any damages, loss or injury to you, whether direct or indirect, arising out of any of the information or materials (or any portion thereof) contained or not contained in this Website. You understand and agree that under no circumstances will wellclicks be liable for any damages, including but not limited to, direct, indirect, incidental, consequential, or punitive damages arising out of the inability to use the Website, the Services or the Content, even if wellclicks or any of its representatives have been advised of the possibility of such damages.

BY ACCESSING THE WELLCLICKS WEBSITE, INCLUDING ANY OF ITS SUBORDINATE OR AUXILLARY WEBSITES, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST WELLCLICKS AND ITS AGENTS, AFFILIATES, EMPLOYEES AND CONTRACTORS ARISING OUT OF YOUR USE OF THE WEBSITE AND THE INFORMATION CONTAINED HEREIN.

5. Privacy Policy

You agree that you have read the wellclicks Privacy Policy and agree to the terms of the policy. You give wellclicks permission to use your personal information as detailed in the Privacy Policy including, but not limited to, sharing of your personal information with third party Providers authorized by you to receive your personal information in conjunction with any Services offered on the Website.

6. Medical Advice

This Website is for informational purposes and does not constitute the practice of any medical, nursing or other professional healthcare advice, diagnosis or treatment. wellclicks does not recommend or endorse any specific tests, Providers, Services, products, procedures, or other information mentioned or contained on the Website. Reliance on information provided by wellclicks, employees, or others on the Website is solely at your own risk. All users should consult their own medical or healthcare advisors for opinions or recommendations concerning their medical or healthcare needs.

7. Accounts and Registration

You may choose to become a registered user of wellclicks by creating an account with a unique username (wellclicks uses your email address as your wellclicks username) and password. If you utilize the online scheduling feature, you will be required to create a user account. You agree to provide accurate information during the registration process, and it is your responsibility to update this information when necessary. Loss of data due to inaccurate or incomplete information is your responsibility. You are responsible for the security of your password and any activity that occurs by an authenticated user within your account. You agree to notify wellclicks if you suspect unauthorized or unauthenticated use of your account.

If wellclicks wishes to contact you, we will do so electronically including but not limited to postings on the Website or your specified email account. You may wish to add announce@wellclicks.com, confirm@wellclicks.com, and donotreply@wellclicks.com to your list of accepted senders in your email account to prevent the blocking of messages from the Website informing you of Services scheduled on the site.

8. Account Termination

wellclicks has the right, at any time, to make any and all changes to your account, including suspension and termination. You continue to be bound by the terms of this agreement in the event of termination.

9. Customer Feedback Feature

The User Content presented by wellclicks users in the customer feedback feature of this Website is not to be construed as the opinion of wellclicks. However, any statements or feedback you provide using the customer feedback feature is the property of wellclicks. Providers that have signed a Service Provider Agreement with wellclicks may also use the statements associated with their practice in accordance with that agreement. These parties are not responsible for giving you recognition for the statement, nor are they responsible for responding to the statement. If you choose to use your name and/or contact information in association with any statements, the Providers have the right to use that information in conjunction with the given statements. The statements submitted by users are not checked for accuracy or validity by wellclicks. If you make a decision based on the statements of other users, wellclicks is not responsible for the outcomes.

If statements or feedback are found to contain inappropriate or libelous content, wellclicks reserves the right to deny or remove the User Content at any time without notice.

10. Pricing

Providers may post pricing information about their Services. wellclicks is not responsible for the accuracy of these prices.

11. Charges and Billing

If purchasing any Services through the Website, wellclicks may request billing information from you at the time of selecting Services or scheduling an appointment. You may be responsible for providing a valid credit card number, expiration date, security code, and any applicable billing contact information associated with the given credit card. You warrant that you are an authorized user of such credit card and agree to pay all charges resulting from your selection of Services. Actual charges may be dependent on your health plan coverage and eligibility, your health status and the care received from your Providers. Products or Services may not be provided or appointments may be cancelled if the credit card information provided is inaccurate or not valid.

12. Feature Changes

The features available through the Website can be added, modified or discontinued at any time. New features are subject the Terms of Use agreement immediately. If there are additional guidelines to follow in connection with a specific feature, those will be stated and agreed upon by you prior to use of the feature.

13. Scheduling of Appointments

You may schedule Services through wellclicks and the Website. If so, you agree that wellclicks may pass your personal information to Providers for scheduling appointments. You agree to attend any scheduled appointment and understand it is your responsibility to change or cancel an appointment, according to the terms of the Provider's cancellation policy, if applicable. Any charges incurred as a result of the cancellation are your sole responsibility. If you are scheduling any Services for an individual other than yourself, you warrant that you have the authority to do so. The Providers are solely responsible for the accuracy and fulfillment of Services you have scheduled via wellclicks. wellclicks provides the connection between the two parties and it is the responsibility of both the users and Providers to fulfill duties related to the fulfillment of the appointment. Neither wellclicks, nor the Providers are responsible for delays or errors related to appointment scheduling caused by incorrect data provided including email address or other uncontrollable technical problems.

14. Beta Features

You may see features describes as "beta" within the Website. These features are being testing by wellclicks and its users with the aim of continuing to innovate and provide better value for our customers. wellclicks does not guarantee the functionality of these features and has the right to add or remove them at any time.

15. Third Party Sites

As a convenience to Website users, we may provide links and pointers to Internet web sites maintained by third parties. wellclicks is not responsible or liable for any such sites and does not operate or control any of the information, products or services on these sites, nor endorse or make any representation or warranty regarding these sites. You assume total responsibility and risk for your use of these third party sites and your use may be subject to such third party's terms of use and privacy policies.

16. Advertisements

The Website may contain advertisements and promotions from Providers. These advertisements do not constitute or imply an endorsement, sponsorship or recommendation by wellclicks. You agree that wellclicks is not responsible for the availability of any of these external products or Services and does not warrant or endorse the effectiveness of any external products, Services or sites.

17. Virus Protection

wellclicks is not responsible for any electronic virus or viruses, worms, or other harmful or intrusive components (exploits) that you may encounter through your connection to the Internet. wellclicks strongly suggests that you routinely scan your computer and any connected storage media or devices using a reliable up-to-date virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus, intrusion or exploit may corrupt data and/or destroy your software programs, files or hardware.

18. Intellectual Property Rights and Claims of Infringement

The information, materials and content displayed on the Website, including but not limited to names, logos, service marks and trademarks, are protected by U.S. and international copyright, trademark and other laws, and are the property of wellclicks. The use or misuse of the content, except as provided in these Terms of Use or in additional terms and conditions applicable to specific areas of the Website, is strictly prohibited.

The use of third party names, logos, service marks and trademarks on wellclicks is agreed upon by that third party and the same rules apply. wellclicks' use of any third party names, logos, service marks and trademarks and the availability of the services of these third parties does not imply that wellclicks endorses the third party or their services.

You may print copies of the information on this Website for your personal use, store files with Content from the Website on your computer for personal use, or reference the Website's server from your own documents. However, you may not distribute text or graphics to others without the express written consent of wellclicks. Also, you may not, without the permission of wellclicks, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. wellclicks reserves all other rights.

19. Notice of Claim of Copyright Infringement

wellclicks respects the intellectual property rights of others and expects its users to do the same. Upon receiving proper notice, wellclicks will act to remove or disable access to material as set forth in the Digital Millennium Copyright Act. Any notifications of claimed copyright infringement must be sent to wellclicks at the address below. When notifying wellclicks of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

wellclicks
490 South Maple Street
Suite 205
Waconia, MN 55387

20. Indemnity by Users

You agree to indemnify, hold harmless and defend wellclicks, its subsidiaries, affiliated companies, business partners, providers, licensors, employees, agents and any third party information providers from and against any and all claims, liabilities, costs and losses, including reasonable attorney's fees, arising from any violation of these Terms of Use by you.

21. Terms of Enforceability

If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties or, in the alternative, severed from this agreement. The remaining provisions shall remain in full force and effect. wellclicks' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use.

If not otherwise expressly stated to the contrary elsewhere within this Website or reserved by federal law, any cause of action which you may have with respect to the Website is governed by the laws of the State of Minnesota. Any cause of action must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

22. Geography

This Website has been created for use in the United States only.

23. Age Eligibility

You must be 18 years of age or older to use the Website, all Website features, register as a user, and use any of the Services offered by Providers. If a parent agrees, they may use the Website on your behalf.

24. Acceptance of Terms of Use

Your use of the Website as a registered user and a visitor is subject to the Terms of Use and the applicable Privacy Policy. BY USING THE WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THE TERMS OF USE AND THE APPLICABLE PRIVACY POLICY. wellclicks reserves the right to modify this Terms of Use at any time, so please review it frequently. If wellclicks decides to change the Terms of Use, wellclicks will post those changes to this Terms of Use page and any other places deemed appropriate so that you are aware of the changes. If any material changes are made to this document, wellclicks will notify you here, or by other means, such as email, at wellclicks' discretion. Your continued use of any portion of the Website following posting of the updated Terms of Use will constitute your acceptance of the changes.

25. Contacts

If you have any comments on or questions about the Terms of Use, please contact wellclicks at:

wellclicks
490 South Maple Street
Suite 205
Waconia, MN 55387

26. Effective Date

The Terms of Use were last revised on June 19, 2009.

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