Terms of Use



Effective as of December 17, 2003

Welcome to shopwellwithyou.org (the "Site"). This Site is operated by Shop Well With You, a 501(c)(3) not-for-profit organization, and use of this Site is governed by the terms described below. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE PROVIDED BY SHOP WELL WITH YOU SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF USE. Shop Well With You reserves the right to change, modify, add or delete portions of these Terms of Use at any time, and your continued use of the site will constitute agreement with such changes, modifications, additions, or deletions.

Nature of Information and Services

Although some users of this Site may be survivors of certain medical conditions, the information contained on this site is not intended to constitute medical or health care advice, nor is it intended to be a substitute for medical or other professional advice and services from a qualified health care provider. Nothing contained in this site is intended to be used for medical diagnosis or treatment. You agree that Shop Well With You is not engaged in rendering medical, counseling or other professional services or advice. ALWAYS CONSULT WITH A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL REGARDING ANY MEDICAL CONDITION, OR THE RELATION OF THE INFORMATION ON THIS SITE, OR ANY SITE, TO SUCH MEDICAL CONDITION. Shop Well With You assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this Site. While Shop Well With You takes reasonable measures to keep the information on this Site accurate, complete and up-to-date, Shop Well With You cannot, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Restrictions on Use of Materials

All materials contained on this Site, and all intellectual property rights thereto, including copyrights, are owned by Shop Well With You or its partners, affiliates or third-party contributors. All trademarks, service marks, trade names and trade dress on the site are owned by Shop Well With You or its partners, affiliates or contributors. You may not, and agree not to, copy, reproduce, republish, transmit, modify or distribute any of the materials contained on the Site, except for your personal, noncommercial use only.

Links to Other Sites

This Site may include links to other Internet sites that are beyond the control of Shop Well With You. We make no representations regarding any sites linked to by this Site, nor do we endorse the information, material, products or services contained on or accessible through the sites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

Bulletin Boards and Public Communication

From time to time, Shop Well With You may provide on this Site a discussion forum, such as a bulletin board, for the convenience of its users. You acknowledge and agree that any such discussion forums are forums for public and not private discussion, and that you have no expectation of privacy with respect to any submissions to such forums. Shop Well With You reserves the right to moderate, remove, or edit content from any discussion forum at any time for any reason, although it has no duty or obligation to do so.

You agree that you remain solely responsible for any content submitted or posted by you to a discussion forum on this Site, and that you use any information provided in any such forum at your own risk.

Disclaimer

THE MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHOP WELL WITH YOU DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL SHOP WELL WITH YOU OR ITS PARTNERS, AFFLILIATES OR CONTRIBUTORS BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING FROM YOUR ACCESS OR USE OF THIS SITE. YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST SHOP WELL WITH YOU, ITS PARTNERS, AFFILIATES, AND CONTRIBUTORS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE AND ITS MATERIALS WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

Indemnification

You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You agree to indemnify, defend and hold harmless Shop Well With You, its partners, affiliates and contributors from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this site.

Governing Law

These Terms of Use and the resolution of any dispute related thereto shall be governed by and construed in accordance with the laws of New York, without giving effect to any principles of conflicts of law.

Non-Waiver

Shop Well With You's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

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