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Legal Mumbo Jumbo

Privacy Policy
Terms of Use

Date Last Updated: January 2025

MedWise Marketing, LLC and its subsidiaries and affiliates (together, “MedWise”), are committed to processing, using, transferring, and managing personal information in accordance with applicable privacy laws in the United States.  This Privacy Policy details how MedWise collects, uses, transfers, and shares your personal information.

This Privacy Policy applies to the personal information we obtain when you interact with us and our brands, use our websites and applications, use our other online services, or apply for a job with us or otherwise connect with us (collectively, the “Services”).

In this Privacy Policy, “we”, “us” and “our” refers to MedWise, and “you” refers to any individual about whom we collect personal information.

Information we collect

We ask for personal information so you can use our services, receive customer support and product information, and communicate with us about our services, promotions, and activities. We collect the following information when you engage with us.

When you create an account or consent to receive our services we may collect:

  • Name and contact information
  • Details of services you have inquired about, together with any additional information necessary to respond to your inquiries
  • Any additional information relating to you that you provide to us directly through our websites or by other means such as over the phone, via email, or via “contact us” forms
  • Any additional personal information you provide to us, or authorize us to collect, as part of your interaction with MedWise

When you use our Website

  • IP address
  • Information on your interaction with our Services, such as pages you visit and features you use.
  • Social media handles, content, and other information that you post to our social media pages or tag us on your social media pages, and information we obtain from third-party social media services (e.g., Facebook)

When you interact with us

  • Any additional information relating to you that you provide to us through our Services
  • Information you provide to us via voluntary feedback

When you interact with our business partner clinics

  • Contact information and identifiers
  • Services you inquire about, appointments booked, and other information provided by our third party business partners

Note that we some of the above information may include data showing that you have reviewed or inquired about certain medical or health topics generally.  We do not collect any identifying data about your individual health or medical status.

Information collected by automated means

When you interact with our Services, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A ‘cookie’ is a small text file that websites send to a visitor’s computer or other Internet-connected devices to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We use these automated technologies to collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Services. We may also obtain information about how you interact with our services, such as features and pages you visit, search queries, and download errors.

These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services. Most web browsers are initially set up to accept cookies. You have the option of disabling or refusing cookies at any time in your browser preferences. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. However, note that some parts of our Services will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you will not be able to set personalized preferences, and/or may have difficulty completing transactions.

We honor the Global Privacy Control opt-out signal.  For information about GPC, please visit: https://globalprivacycontrol.org

Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time. Please note that not all tracking will stop even if you delete cookies. For information about Do Not Track, please visit: https://allaboutdnt.com

How we use your personal information

MedWise collects personal information reasonably necessary to carry out our business, to assess and manage our customers’ needs, and provide our Services to you. We may also collect information to fulfill administrative functions associated with these services, for example managing customer relationships.

The purposes for which MedWise usually collects and uses personal information may include:

  • To deliver the Services or products you requested;
  • To provide you information and marketing about products, Services, or special offers from us or our third-party business partners;
  • To obtain your opinions or comments about products or Services;
  • To record statistical data for marketing analysis;
  • To improve our Services to you, as well as for training and quality purposes;
  • Responding to requests, questions, complaints, and other general inquiries;
  • Researching, developing and expanding our Services;
  • At your direction and with your consent;
  • For quality control and administration and assisting us to develop new and improved products and Services;
  • To recruit interns, staff, and employees;
  • To comply with any requirement of any applicable statute, regulation, or rule; and
  • To prevent or detect abuse of our services or any of our rights (and attempts to do so), and to enforce or apply our Privacy Policy or any other agreement, and to protect our (or others’) property or rights.

We may use your personal information for other purposes explained at the time of collection or otherwise as set out in this Privacy Policy.

You may direct us not to use your personal information under this Privacy Policy at any time by contacting us at info@medwisemarketing.com

Disclosing personal information

We may disclose your personal information for our business purposes as follows:

  • Within our company and with our affiliates;
  • With service providers that perform Services on our behalf, including for the purposes of operating our website, assisting us to perform business functions, analyzing data, handling billing and payments, and facilitating customer service;
  • With professional services such as legal advisors, accountants, and consultants;
  • With selected business partners; and
  • With other parties with your consent and at your direction.

We reserve the right to disclose your personal information as required by law, when we believe disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request, or legal process served on us, or to protect the safety, rights, or property of our customers, the public, us or others.

We may disclose your personal information for other purposes explained at the time of collection or otherwise as set out in this Privacy Policy.

We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy. After such a sale or transfer, you may contact the recipient with any inquiries concerning the recipient’s privacy practices.

Sale and sharing of personal information

Other than as indicated in this Privacy Policy, we do not sell your personal information or transfer personal information to third parties to use for their own benefit.  We may however use services or content from certain companies that enable them to place tracking technologies like cookies on our Services. Those companies receive information about your interaction with our Services that is associated with your browser or device and may use that data to serve you relevant ads on our Services or others.  See more below in “Third-party use of cookies and tracking technologies.”  Except for this kind of disclosure and as otherwise provided, we do not “sell” any of your information within the meaning of applicable law.

We do not “share” your personal information as defined by applicable law for purposes of targeted advertising relating to our Services.

Data retention

In order to respond to customer inquiries and comply with applicable law, we retain personal information for at least 30 days after the Services end.  We retain other personal data for as long as is necessary for the processing purpose(s) for which the data was collected, and any other permissible, related purpose.  When we no longer need the personal information we collect, we either anonymize the information upon your request or securely destroy the information, unless we are legally required to retain it.

SMS terms and conditions

We may offer recurring SMS (text message) updates about promotions, alerts, or other relevant information (“SMS Services”).  By opting in, you agree to these SMS Terms & Conditions as well as the rest of this Privacy Policy.

  • Program Description
    • You consent to receive automated text messages at the phone number you provide
  • Consent & Opt-In
    • Opt-In Method: You provide your mobile phone number and agree (e.g., via a checkbox or texting a keyword) to receive our SMS messages
    • No Purchase Required: Your consent to receive marketing text messages is not a condition of any purchase
  • Message Frequency
    • Message frequency may vary based on your interactions or the nature of our SMS program
  • Message & Data Rates
    • Standard message and data rates may apply according to your wireless plan
  • Opt-Out
    • STOP: To stop receiving SMS from us, reply “STOP” to any text message you receive
    • Confirmation: You may receive a confirmation text. After that, no further messages will be sent unless you opt in again
  • Help & Support
    • HELP: Reply “HELP” to any text message for assistance.
    • Contact: You can also email info@medwisemarketing.com for support
  • Carrier Disclaimer
    • Delivery of SMS messages may be subject to your network operator’s coverage and other factors
    • Carriers are not liable for delayed or undelivered messages
  • Privacy
    • We do not sell phone numbers or SMS consents to third parties for marketing.
    • For more details on how we handle personal information, please review the rest of this Privacy Policy
  • Changes
    • We may update these SMS Terms & Conditions at any time. Continued participation after changes are posted constitutes your acceptance of the revised terms

Your marketing choices

You can opt-out of our use and disclosure of your personal information for marketing purposes, or withdraw your prior consent for same, by the methods provided below. Upon requesting an opt-out, your consent will be withdrawn; however, please note that it often takes some time to process these requests. Therefore, it is possible that you may receive communications scheduled prior to our receipt of your withdrawal of consent.

To stop receiving our email communications, you may click the “Unsubscribe” link in any promotional email you receive from us. We may also provide additional methods for you to opt-out of having your personal information used or disclosed for promotional and marketing purposes.

Please note, even if you opt-out of receiving marketing or commercial communications, we retain the right to send you non-marketing communications such as correspondence about your existing business relationship with us, payment receipts and shipping notices, or notifying you of updates to our Privacy Policy or Terms & Conditions.

Your state privacy rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. This section provides information to those persons as a supplement to the information generally provided in this Privacy Policy.

If you reside in California, you may have certain additional rights regarding your “personal information” as defined under the California Consumer Privacy Act of 2018 (CCPA) or otherwise.  This section of our Privacy Policy supplements the information provided elsewhere in our Privacy Policy.

The below chart shows you where to find details about the information to which you may be entitled under the CCPA:

CCPA Information Requirement Corresponding Information in this Privacy Policy
Categories of personal information collected

Information we collect

Information collected by automated means

Categories of sources from which we collected personal information

Information we collect

Information collected by automated means

The business purpose for which we collected your personal information How we use your personal information
Categories of information shared or disclosed to third parties, and the categories of third parties to which we shared or disclosed that information

Disclosing personal information

Sale and sharing of personal information

Third-party cookies and tracking technologies

In addition, California consumers may have the following rights under the CCPA:

  • To request that we disclose what information we collect, use, or disclose about you
  • To know the specific pieces of information we hold about you
  • To request the deletion of your personal information, with some exceptions
  • To opt out of the sale or sharing of your personal information, as defined by applicable law

To exercise your rights under the CCPA, you may email us at the email addresses shown below in “Contact us”.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  • Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please contact us via any of the methods listed below in “Contact us.”

How we protect information

We maintain administrative, technical, and physical safeguards designed to protect personal information we maintain against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use.

Despite such efforts, however, please note that no organization can fully eliminate risks or guarantee the security of personal information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information about you at any time, and we bear no liability for uses or disclosures of personal information or other data arising in connection with the theft of the information or other malicious actions.

Third-party use of cookies and other tracking technologies

Some content or applications on our Services are served by third parties, including content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services.  The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see https://thenai.org.

Location and data processing

We are a United States business and the Services are operated in the United States.  Your personal information will be stored and processed on servers in the United States and other countries, and those countries may not provide the same level of data protection as the laws in your country.  We will treat your personal information in accordance with the applicable laws of the United States and this Privacy Policy.  If you access the Services from outside the United States, you do so at your own risk.

Updates to this Privacy Policy

MedWise may amend this Privacy Policy from time to time, with or without notice to you.  We recommend that you visit our website regularly to keep up to date with any changes.  The date this Privacy Policy was last updated is at the bottom of this page.

Children’s privacy

Our Services are not intended for children under 13, and we do not knowingly collect any information from children under 13.  If you believe that we have inadvertently collected personal information from a child under 13, please contact us using any of the below methods so that we can delete that child’s information.

Contact Us

You can contact us as follows with questions about our privacy practices:

info@medwisemarketing.com

11968 Sweetwater Dr.
Grand Ledge, MI 48837

Last Modified: July 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and MedWise Marketing LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  “Terms of Use“), govern your access to and use of https://medwisemarketing.com, including any content, functionality, and services offered on or through https://medwisemarketing.com (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://medwisemarketing.com/legal-mumbo-jumbo, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company 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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them[, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term MedWise Marketing, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.  The information presented on or through the Website does not and cannot replace or be construed as a medical diagnosis or clinical consultation, nor be substituted for medical advice or treatment. Accordingly, all information is provided AS IS.  We assume no liability arising from any use of any information presented on or through the Website or otherwise made available to you by us.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services or generated by artificial intelligence tools. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our par.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Michigan in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located in the City of Lansing and County of Ingham. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class Action Waiver; Waiver of Jury Trial 

These Terms of Use do not allow class or collective arbitrations or actions, and any and all proceedings to resolve claims of any kind will be conducted only on an individual basis and not in a class, consolidated, mass or representative action. YOU HEREBY AGREE THAT YOU MAY BRING CLAIMS OR INSTITUTE ACTION AGAINST US, INCLUDING OUR MEMBERS, CONTRACTORS, AFFILIATES AND SUBSIDIARIES, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.  You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms of Use.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MedWise regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by MedWise Marketing, LLC

11968 Sweetwater Dr.
Grand Ledge, MI 48837.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@medwisemarketing.com.