Last Updated: March 9, 2012
This web site (the "Web Site") is a service made available by Linkwell Health Inc. (referred to as "we" or "us" or "our" or other similar words), and all content and information provided on or through the Web Site ("Content"), including without limitation coupons made available through the Web Site ("Coupons"), may be used solely under the terms and conditions of this agreement. By using the Web Site, you are agreeing to be bound by the terms and conditions of this agreement. If you do not want to be bound by this agreement, please do not use the Web Site.
Limited License. We grant you a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site for your personal use only and not for commercial exploitation. We may terminate this license or deny you access to all or any part of the Web Site at any time for any reason. You may not rent, lease, loan, sell or sublicense the Web Site or any Content. You may download and print Coupons from the Web Site, but you may not otherwise copy, download, store, modify, reproduce, republish, distribute, display, or transmit for any purpose (whether commercial, non-profit or public) any Content without our express prior written permission. You agree not to use or permit the use of the Web Site for any unlawful purpose. You may not authorize or permit any person to access or use the Web Site.
Proprietary Rights. All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Web Site and the Content (in both print and machine-readable forms) belong to us or our third party suppliers of materials. You acquire no proprietary interest in the Web Site or the Content, or copies thereof. You may not use the Web Site or the Content in any fashion that infringes the copyrights, trademarks or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in the Content.
Disclaimer of Warranty. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Web Site or the Content, (b) the unavailability or interruption of the Web Site or the Content (or any part thereof), (c) your use of the Web Site or the Content (regardless of whether you received any assistance from a Covered Party in using the Web Site or the Content), or (d) your use of any equipment in connection with the Web Site or the Content. "Covered Party" means (a) us and our affiliates, and any officer, director, employee, subcontractor, agent, successor or assign of us or our affiliates; (b) each third party supplier of Content, their affiliates, and any officer, director, employee, subcontractor, agent, successor or assign of any third party supplier of Content or any of their affiliates; and (c) each health plan, health care organization or other entity for whom we provide services (including without limitation making available Coupons) and their affiliates, and any officer, director, employee, subcontractor, agent, successor or assign of them or any of their affiliates. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEB SITE OR THE CONTENT OR THE USE OF OR INABIILITY TO USE THE WEB SITE OR THE CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED FOR ANY REASON, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEB SITE OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), AND YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
Third Party Content. Third party content may appear on the Web Site or may be accessible via links from the Web Site. We are not responsible for and assume no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by us nor does it reflect our beliefs.
Additional Terms. Other provisions that govern your access to and use of the Web Site and the Content are set forth in online descriptions of files, online notices following file selection, and individual documents retrieved from the Web Site, all of which are incorporated by reference into this agreement.
Changes to Agreement. We may change this agreement at any time. Those changes will be effective immediately upon posting of the modification(s) on the Web Site. The "last updated" date will always be prominently displayed at the top of this agreement. You agree to review this agreement from time-to-time to make sure that you are aware of any changes. Your continued use of the Web Site indicates your acceptance of the modified agreement.
General.Our failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement.
The provisions of this agreement are severable, and in the event any provision hereof 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.
You may not assign your rights or delegate your duties under this agreement without our prior written consent.
This agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts. The sole jurisdiction and venue for any litigation arising out of your access to or use of the Web Site or the Content shall be an appropriate federal or state court located in Massachusetts.
Linkwell Health Inc.
1440 Broadway, 23rd Floor
New York, NY 10018