These terms of use (the "terms of use") set out the legal duties of the parties with respect to the use of our services and of wellnesschecker.net (the "site"). Please read them carefully before using this website.
These terms of use are a legal agreement between you (referred to hereinafter as "you", "your," or "user") and wellnesschecker, including its parent company and all of its subsidiaries and affiliated entities (referred to hereinafter as "wellnesschecker.net", "we," "us", or "our"). These terms of use set forth the Terms and Conditions under which you may use our site and any services (i.e. search) that may be offered at our site now or in the future (the "services"). References to "our site" include, where applicable, the services.
You should also review our Privacy Policy before using this site.
By using our site you signify your agreement to these terms of use and to the Privacy Policy. We may amend these terms of use from time to time without notice to you, and you agree to be bound by any such amendments. Therefore, you should review these terms of use each time you use our site.
If you do not agree to these terms of use or any amendment, you must not use our site.
wellnesschecker.net only provides general information and nothing on the site should be taken as any form of advice, warranty or endorsement. The content, information, articles, links, pictures, graphics, and other information contained on this site is for information and entertainment purposes only and is not a substitute for professional advice. To learn more, your should review our Privacy Policy which details important information that will help answer questions regarding personal privacy in relation to the use of our site..
All information, content and materials contained or offered on our site are our copyrighted property or the copyrighted property of our content suppliers, licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our content suppliers, licensors or licensees. Nothing contained on our site confers any license, right, title, or interest in or to our intellectual property or any third-party's intellectual property (including but not limited to patents, copyrights and trademarks) in any form by implication, estoppel, or otherwise. No content or material from our site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way that violates these terms of use or applicable law.
You agree that you will only use our site for your personal use. You must not use our site for commercial purposes or in any way that harms us or any other person or entity. You shall not use or attempt to use our site for any improper or unlawful purpose including, without limitation, to violate any of our policies, procedures, or requirements, or to interfere with, disrupt, or breach the security of our site or any of our servers or networks. You are further responsible for ensuring that your use of our site does not violate any applicable local, state, federal, international or other law, rule, or regulation.
We are committed to protecting the privacy of children. You should be aware that this site is not intended 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.
When you are on our site you could be directed, via hyperlink, to third party websites that are beyond our control. For example, our site may provide search results in response to user queries or other links from advertisers, sponsors or content partners that may or may not use ads or logo(s) to link to their own sites. You acknowledge that when you click on a link that leaves our site, the site you will land on may not be controlled by us and different terms of use and privacy policies shall apply. By clicking on such links you hereby acknowledge that wellnesschecker.net is not responsible for those websites or their associated content or services. We also reserve the right to disable links from any third-party sites, although we are under no obligation to do so.
Should you send e-mails to us for any reason, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on our site. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You will not impair or cause damage to our site, or any connected network, or otherwise interfere with any person or entity's use or enjoyment of our site in any way, including without limitation, using or launching any automated system that accesses our site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, operators of public search engines may use spiders for the sole purpose of creating publicly available searchable indices of the materials and our site, but not for caching or archiving such materials.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our sites.
THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR PROVIDED THROUGH OUR SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.
WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE. WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE OR PROVIDED THROUGH OUR SERVICES, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES.
SOME JURISDICATIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, and hold us, our content providers, licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the "indemnified parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified parties in connection with any claim arising out of any breach by you of these terms of use or claims arising directly or indirectly from your use of our site.
We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you hereby agree to cooperate with us in the defense of any such claim.
IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), OR FOR FAILURE TO STORE OR DELIVER, IN A TIMELY OR UNTIMELY MANNER, ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, THE CONTENT OF OUR SITE, OR FROM USERS OF OUR SITE (WHETHER OFFLINE OR ONLINE), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR CONTENT PROVIDERS, LICENSORS, LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR SITE AND ANY OTHER WEBSITE, BROWSER, SERVICE, SOFTWARE OR HARDWARE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CERTAIN PARTS OF THE FOREGOING PARAGRAPH OF THIS SECTION MAY NOT APPLY TO YOU.
FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE SHALL IN NO EVENT EXCEED $100.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
If any provision of these terms of use, for any reason, be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these terms of use; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.
The laws of the State of Arkansas, U.S.A. govern all matters arising out of these terms of use, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. Any dispute or claim arising out of or in relation to these terms of use, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of Faulkner County, Arkansas, U.S.A. and of any federal court located in the eastern district of Arkansas.
No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any provision of these terms of use will be effective only if in writing and signed by Inuvo.
We may immediately terminate these terms of use with respect to you (including your access to our site, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of our site.
The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.
These terms of use along with any other notices, policies, procedures, agreements, and terms and conditions on our site contain the entire understanding with respect to your use of our site and our relationship with you and such shall supersede all prior understandings and agreements, whether written or oral, and all prior dealings.
You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to our site must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.
If you have any questions or comments regarding these terms of use, the practices of our site, or your dealings with our site, you may contact us at the following address:
Inuvo, Inc. 500 President Clinton Ave., Suite 300, Little Rock, AR 72201
Please note that by sharing your ideas, you also grant us and third parties permission to use and/or incorporate your ideas or comments without further compensation.
Last Updated: May 12, 2016