Well Built Health Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By visiting this website, you acknowledge that the information contained within is provided to help individuals gain insight into the body's healing processes, not to replace the decisions you make with your medical professional.

We believe that people should be the authors of their own health story. Please view our materials with a critical eye.

Welcome to the website WellBuiltHealth.com. (“WellBuiltHealth” or “us” or “we”). The term “you” or “your” refers to the user or viewer of WellBuiltHealth.com, including any related websites maintained byWellBuiltyHealth, such as the WellBuilltHealth Twitter and Facebook pages (collectively, the “Sites”). If you continue to browse and use the Sites, including by posting content on any interactive part of the Sites, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions of use (“Terms”), which together with our Privacy Policy govern our relationship with you in relation to the Sites. If you do not agree to all of these Terms, do not use the Sites. WellBuiltHealth may revise and update these Terms at any time. Your continued usage of the Sites will mean you accept those changes.

The Sites Do Not Provide Medical Advice

The contents of the Sites, such as text, graphics, images, information obtained from the WellBuiltHealth Sites (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. None of the authors of any Content on the Sites, even if the author is a licensed physician, is providing you with medical advice through the Sites. Always seek advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Please review any news or information you see on the Sites with your own physician in order to obtain actual medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites.

If you think you may have a medical emergency, call your doctor or 911 immediately. WellBuiltHealth does not recommend or endorse any specific tests, physicians, product procedures, opinions or other information that may be mentioned on WellBuiltHealth. Reliance on any information provided by WellBuiltHealth, WellBuiltHealth employees, others appearing on the Sites at the invitation of WellBuiltHealth or other visitors to the Sites is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that the Sites are not intended for or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Our Privacy Policy explains what we do with any such information.

Registration and Passwords

For some areas of the Sites, you may have to complete a registration process or create a profile. Completion of the process will usually create an account with a username and password or other identifier which you agree to guard as confidential information. You are responsible for taking all reasonable steps to ensure that no unauthorized person will have access to your WellBuiltHealth passwords or accounts. It is your sole responsibility to (1) authorize, monitor and control access to and use of your account and password; and (2) promptly inform WellBuiltHealth of any need to deactivate a password. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or WellBuiltyHealth has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, WellBuiltHealth may suspend or terminate your access to the Sites in addition to exercising all rights and remedies allowed by law.

You grant WellBuiltHealth and all other persons or entities involved in the operation of the Sites the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Sites. WellBuiltHealth cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using WellBuiltHealth tools and service.

License Grant for Content Submissions and Related

The Sites may contain a variety of information provided by users, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you may upload, post or otherwise provide in connection with the Sites. You may review, download, copy, distribute and use the content solely for non-commercial purposes. You may not sell the content or otherwise distribute it for a fee.

If you provide content to the Sites, you:

• represent and warrant that the content you provide is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to WellBuiltHealth and other users for download, distribution and use under these Terms without (i) violation (by you, us, users or anyone else), of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, users or anyone else; and
• grant WellBuiltHealth and each user of the Sites who downloads the content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license for any purpose (commercial or noncommercial) to (i) use, copy, distribute, modify and create derivative works from the content; (ii) publicly perform or display, license and distribute copies of the content, modified content and derivative works of the content; and (iii) sublicense to third parties the foregoing rights, including the right to further sublicense to third parties.

In addition to the rights above, you acknowledge and agree that we may keep the content you provide indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property or personal safety of WellBuiltHealth, its users and the public.

Rights to Content

The Sites may provide a variety of information, including information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Sites. You may review, download, copy, distribute and use the content solely for non-commercial purposes. You may not sell the content or otherwise distribute it for a fee.

The Sites are controlled by us from our offices within the United States of America. If you choose to access the Sites from locations outside the U.S., you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Sites in violation of U.S. export laws, regulations or the Terms.

Notice and Takedown Procedures; Copyright Agent

The Sites are protected by intellectual property laws. All rights not expressly granted to you are reserved. The Sites contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without authorization. Unauthorized use of the Sites may give rise to a claim for damages and be a criminal offense.

It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, we also reserve the right to terminate for even one infringement. WellBuiltHealth respects the intellectual property rights of others and request that users of the Sites do the same.

If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by contacting us:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, WellBuiltHealth maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Sites who are repeat infringers.

Searches and Links to Other Sites

The Sites may provide links to third party web sites. WellBuiltHealth does not recommend and does not endorse the content on any third-party websites. WellBuiltHealth is not responsible for the content of linked third-party sites, sites framed within the Sites including any featured blogs, third party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use and privacy policies for such sites.

NO WARRANTIES, CONDITIONS OR OTHER DUTIES

THE SITES AND ALL CONTENT, FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY WellBuiltHealth OR THIRD PARTIES ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE,” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, THE SITES ARE PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSION; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OR ANY ASPECT OF THE SITES.

WE ALSO MAKE NO REPRESENTATION OR WARRANTIES REGARDING THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE CONTENT CONTAINED ON THE SITES.

YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WellBuiltHealth NOR ANY THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGE WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE SITES OR TO ANY BREACH OF THESE TERMS (INCLUDING THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

EXCLUSIVE REMEDY; DAMAGE LIMITATION

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY WellBuiltHealth OR ANY THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE SITES, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION, OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE ON THE SITES, WHICH AMOUNT WILL NOT EXCEED TEN DOLLARS US$10.00. THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Governing Law, Jurisdiction and Venue

Your use of the Sites and any dispute arising out of such use is subject to the laws of the United States of America and the State of Missouri. You hereby consent to exclusive jurisdiction of the state or federal courts of general jurisdiction located in LIncoln County Missouri, except to the extent you are prohibited from doing so by applicable law.

Entire Agreement; Miscellaneous

These Terms, including the Privacy Policy, amendments and any notices, terms and items incorporated into any of them constitute the entire agreement between you and WellBuiltHealth regarding the Sites.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

The headings used for the section in these Terms are for convenience and reference purposes only and will in no way affect the meaning or interpretation of these Terms.

Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Any such transfer or assignment will be void and ineffective. WellBuiltHealth may freely assign these Terms and its rights and obligations hereunder without restriction.

The term “including” means “without limitation.”

You may print or make an electronic copy of the Terms for your official records.

Contact Us

Should you have any questions concerning these Terms or the Sites you may contact us.