TERMS & CONDITIONS

Thank you for visiting the National Wellness Doctors (“National Wellness Doctors”) Website (“Website”). This Website is not intended for or authorized for use by the general public and is only for National Wellness Doctors patients and Family Program participants.

The following Terms of Use (“Terms”) explain National Wellness Doctors's intellectual property rights and govern your use of this Website. Please read these Terms carefully before using this Website. Your use of this Website constitutes your acceptance of and agreement to be bound by all terms contained herein, including our Privacy Policy which are incorporated herein by reference, on behalf of yourself, any other person or entity on whose behalf you are accessing this Website, and any others who may have rights through you.  If you disagree with one or more of these terms or find them unacceptable in any way, do not enter or use this Website. Any rights not expressly granted herein are reserved to National Wellness Doctors.


 Dial 911 for Emergency

THIS WEBSITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE, AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. National Wellness Doctors IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS OR POSTINGS MADE TO THIS WEBSITE.

This Website, including interactive features, is not designed or directed to persons under the age of14. National Wellness Doctors shall not be liable for any unauthorized use of this Website by minors under the age of 14, although by using this Website minors are nevertheless bound by these Terms. Children under the age of 13 are not permitted to use this Website.. Please contact National Wellness Doctors if you believe a child under the age of 13 has provided personal data to this Website without parental consent so that National Wellness Doctors may take appropriate action. National Wellness Doctors reserves the right, in its sole and absolute discretion, to change, modify, and update these Terms at any time and you agree to be bound by those changes, modifications and updates. You should therefore review these Terms periodically to familiarize yourself with any changes, modifications and updates. If you violate any of the terms of this Agreement, your authorization to use this Website and all licenses granted herein terminate automatically.
 
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect. This Agreement constitutes the entire Agreement between you and National Wellness Doctors applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement. These Terms supersede anything on this Website which is inconsistent or in conflict with these Terms.
 

Website Information

Other than personal, treatment-related advice received directly from your clinician or care provider through the Website’s message center (“Clinical Advice”), the information on the Website does not constitute and should not be considered the provision or practice of medical, nursing or professional health care advice or services. It is for general informational and educational purposes only. You should always consult your physician or other qualified healthcare provider regarding diagnosis or treatment, including any specific questions you may have.

 The Clinical Advice provided through the Website is based on your personal health information as provided by you or on personal health information you authorize us to obtain. You understand that giving any untrue, inaccurate, outdated or incomplete personal health information may interfere with your care and that National Wellness Doctors is not responsible for any consequences resulting from such untrue, inaccurate, outdated or incomplete personal health information.


 Authorized Use

As a condition of your access to and use of the Website, you agree to only use the Website for lawful and authorized purposes for your individual personal use only. You acknowledge and agree not to use the Website in any unlawful manner or for any unlawful purpose, or in a manner that is prohibited by these Terms. You agree not to use the Website in any manner that would overburden, disable, damage, or adversely impact the Website or connected systems, or interfere with any other individual’s use and enjoyment of the Website. You agree not to attempt to gain unauthorized access to any portion of the Website, any other services, websites, accounts, computer systems or networks through unauthorized means, such as an attempt to obtain any material or information through any method other than as intentionally made available through the Website.
 

Registering or Creating an Account

This Website may permit you to “register,” “create an account,” or take similar actions. When and if you take such actions, you agree to: (1) provide true, accurate, complete, and current information (such information being the “Registration Data”) and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, National Wellness Doctors reserves the right to terminate these Terms and your use of this Website if applicable, and National Wellness Doctors is not responsible for the consequences of a breach of this section (for example, if an item is shipped to an outdated address).
 
As part of the registration process, you may be asked to select a username and password. You acknowledge that others will be able to view your username and that you are selecting it based on your own desired level of anonymity. National Wellness Doctors may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by National Wellness Doctors in its sole discretion. You agree not to transfer or resell your use of or access to this Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately accessing the “Help”, “Forgot password”, or “Account” links on the Website.  YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES), THAT ARE CONDUCTED THROUGH YOUR USERNAME AND PASSWORD.
 

Disclaimer

All access to this Website is voluntary and at the sole risk of the user. National Wellness Doctors does not warrant the accuracy of any materials on this Website or on any other websites linked to or from it. Whereas, National Wellness Doctors strives to present timely and accurate information, it makes no representations that this information is free of errors or omissions that may be considered material. Except with respect to Clinical Advice, National Wellness Doctors does not warrant the completeness or correctness, timeliness or usefulness of any opinions, advice, services, merchandise or other materials provided through the Website. Except with respect to Clinical Advice, National Wellness Doctors will not be liable for any decision made, action taken or omission made in reliance upon the information provided on the Website. Except for information, products or services clearly and specifically identified as being supplied or endorsed by National Wellness Doctors, National Wellness Doctors does not endorse any products or services appearing on this Website or other websites linked to or from it. Mere inclusion of a product or service on this Website does not constitute an endorsement by National Wellness Doctors.
 
Except with respect to Clinical Advice, the information contained on or provided by this Website is for general educational and informational purposes only. All materials on the Website are provided on an "as is" and as-available basis without warranty of any kind, express or implied, including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose. Except for Clinical Advice, National Wellness Doctors is not responsible for any loss or damage resulting from reliance on the information or other content posted on this Website or from websites linked to or from it. National Wellness Doctors does not warrant that the use of this Website will be uninterrupted and does not guarantee that this Website is free from viruses or contaminants that may damage your computer or its data. National Wellness Doctors also reserves the right, at any time, for any reason, at its sole discretion, without notice, to: (1) change, add or remove portions of these Terms; (2) change or discontinue the Website in whole or in part, including eliminating or discontinuing any content on or feature of the Website; (3) change any prices or fees appearing on or associated with the Website or for any products or services offered for sale or otherwise available on the Website including catalogs provided through the Website; (4) terminate or restrict any user or account or user or your access to links through this Website for any reason, at National Wellness Doctors’s sole discretion.
 

Indemnification and Limitation of Liability

BY VISITING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS National Wellness Doctors, AND ANY AFFILIATED National Wellness Doctors ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “National Wellness Doctors FOUNDATION PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS AND SETTLEMENT, INCLUDING, WITHOUT LIMITATION, FROM ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT (EXCEPT FOR RELIANCE ON CLINICAL ADVICE) OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED National Wellness Doctors OF THE POSSIBILITY OF SUCH CLAIM. THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND ANY OF ITS SERVICE IS TO STOP USING THE WEBSITE OR ITS SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF THE National Wellness Doctors PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
 
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Website, you agree to inform National Wellness Doctors in writing and to give National Wellness Doctors thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
 

Copyright Notice

This Website is operated by Cerner, Inc. on behalf of National Wellness Doctors. The entire contents and design of the Website are protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website are either owned by National Wellness Doctors, are licensed to it, or are used with permission. National Wellness Doctors and its licensors retain and reserve all proprietary rights to the contents of this Website.

You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from National Wellness Doctors. You may link to, view, download, use, display and print a single copy of the materials found on this Website only for personal, noncommercial and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with National Wellness Doctors or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: "Copyright © [current year] National Wellness Doctors. All rights reserved." Any other use of the Website or the information contained here is strictly prohibited. National Wellness Doctors may terminate the above license at any time for any reason. If you breach any of these Terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this Website, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
 

Trademark Notice

National Wellness Doctors names and logos, and all related product and service names (including MyRecoveryCompass), design marks and slogans are the trademarks or service marks of National Wellness Doctors. All rights are reserved. You are not authorized to use any National Wellness Doctors name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of National Wellness Doctors. All other trademarks appearing on the Website are the property of their respective owners.
 

Jurisdiction and Venue

Information provided on this Website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
 

This Website is a service provided by National Wellness Doctors and does not constitute any contract with any jurisdiction outside the State of Minnesota. Use of this Website is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Website illegal. Users in such jurisdictions visit and use this Website entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions, warranty disclaimers, and limitation of liability.
 

This Agreement is entered into and performed in the State of Minnesota, United States of America. It is governed by and shall be construed under the laws of the State of Minnesota, exclusive of any choice of law or conflict of law provisions. Except as set forth in the Arbitration section below, in any claim or action directly or indirectly arising under this Agreement or related to the website, each party irrevocably submits to the exclusive personal jurisdiction of the Minnesota State District Court sitting in Anoka County, Minnesota, or of the United States Court for the District of Minnesota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.This Website is intended for a United States audience. If you live outside of the United States you may see information not approved and/or available in your country.
 

Arbitration

Any dispute, claim or controversy arising out of or relating to the Website or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Minneapolis, Minnesota before three arbitrators. The arbitration shall be confidential, final, binding, and administered by American Arbitration Association pursuant to its then-current rules and procedures. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Judgment on the award may be entered and enforced in any court having jurisdiction. In the event a party fails to proceed with arbitration, unsuccessfully challenges the award, or fails to comply with the award, the other party is entitled of costs of suit including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.  The parties agree to arbitrate solely on an individual basis, and not part of any collective arbitration.
 

Limitation on Claims

You agree that in the event you have or may have any alleged claim against National Wellness Doctors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against National Wellness Doctors. You agree that any claim you may have against National Wellness Doctors must be brought within twelve (12) months of the date on which the claim arises, or else such claim is waived and forfeit.
 

Miscellaneous

If any provision of these Terms is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision cannot reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced.
 

Requests for Information

If you contact National Wellness Doctors and request information about our programs or services, National Wellness Doctors will use your email or postal address to provide the information you requested. You acknowledge and agree that National Wellness Doctors may use and share information you provide to it as described in our Privacy Policy and Privacy Practices Notice.
 

Security

We understand that you may provide to National Wellness Doctors, through this Website, some information about yourself that you consider confidential. Please read our Privacy Policy and Privacy Practices Notice for more information about security.
 
While National Wellness Doctors takes reasonable measures to protect the confidentiality of your information, National Wellness Doctors cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. National Wellness Doctors is not responsible for illegal actions of third parties. By submitting information to National Wellness Doctors, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of this Website. You agree that National Wellness Doctors is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking and similar crimes.
 

Mobile Access

If you choose to access this Website by using a mobile device, such as a smart phone or tablet, you should be aware that the mobile version of this Website may be organized and presented differently, which may affect usability. By accessing this Website using a mobile device you acknowledge that you are aware of the limitations and accept the risks associated with using the mobile version.
 

Cookies

Some features of this Website use cookies similar to tracking technology in order to offer more personalized service.  For more information regarding our use of cookies or similar tracking technology, please refer to our Privacy Policy. Cookies are part of your browser that store small amounts of data on your computer about your visit to a website. Although you are welcome to disable or block cookies if your computer permits you to do so, you may experience difficulties using certain portions of this Website, and National Wellness Doctors is not responsible for such difficulties.
 

Links to Websites

National Wellness Doctors may provide internet links through this Website to other websites that provide information or services which may be of interest to you. National Wellness Doctors provides these internet links for your convenience only. National Wellness Doctors is not responsible or liable for the content of these websites or the programs, agencies, or businesses they describe for non-National Wellness Doctors websites. National Wellness Doctors does not guarantee that these websites will meet your particular purposes. If you decide to access any websites, linked to this Website, you do so at your own risk and subject to the terms and conditions of use for such websites.
 
National Wellness Doctors is not responsible for the content or privacy practices of non-National Wellness Doctors websites to which our Website may link. Please review the privacy policy of such sites before using them.
 

Downloadable Files and Email

National Wellness Doctors cannot and does not guarantee or warrant that email or files available for downloading from this Website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. National Wellness Doctors does not assume any responsibility or risk for damage to your computer or its files related to your use of this Website.
 

Privacy

By accepting these Terms, you acknowledge and agree that when you use the Website to view your Personal Data or when you submit Personal Data to the Website, such access or submission may involve the electronic transmission of your Personal Data over the Internet.  “Personal Data” includes but is not limited to your name, telephone number, postal address, email address, payment information, and your health information submitted through the Website.
 

You may use the Website only to access or view Personal Data pertaining to you or another person for whom you are legally authorized to access their Personal Data. Unauthorized access to the Personal Data of another person or disclosure of another’s Personal Data to any other person may be a violation of federal or state law, and will be grounds for immediate termination of your access to the Website.
 

Without limiting the foregoing, you agree that National Wellness Doctors or its agents may contact you through any contact information you may supply to National Wellness Doctors, including but not limited to land-mail, email, telephone, mobile phone, text, fax, social media tool, or messaging service.
 

General

You may not assign any rights or obligations under this Agreement without National Wellness Doctors’s prior written consent. National Wellness Doctors may assign all or part of this Agreement.
You agree that any use of this Website that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of National Wellness Doctors’s intellectual property rights including copyright rights, in addition to any and all other claims National Wellness Doctors may have against you.
 
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.  No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
 

Contact Information

You may contact National Wellness Doctors at socialmanager@hazeldenbettyford.org. By telephone at: 800-257-7810 or 651-213-4000 or mail a letter request to the following address:
 
National Wellness Doctors Foundation
P.O. Box 11, CO 3
Center City, MN 55012-0011
 
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.