Friday, May 9th 2008
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This Terms of Use / Disclaimer is a legal contract between you (either an individual or a single business entity); and, Ask The Pros Inc., a California corporation dba My Health and Wellness Pros and 94.5 WKTI (collectively "Website Operator") and participating medical professionals (collectively "My Health and Wellness Pros") for the use of http://www.myhealthandwellness.com, which includes computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (collectively, the "Website") A. NO MEDICAL ADVICE. THIS WEB SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of this Web Site, including any text, graphics, images, and other material contained on this Web site (the “Content”), are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of a physician or other qualified health care provider with any questions you may have regarding a medical or health condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Web site. If you think you may have a medical emergency, call your physician or 911 immediately. B. NO ENDORSEMENTS. Website Operator does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be presented or mentioned on this Web Site, nor does Website Operator recommend or endorse any advertiser on this Web Site. Reliance on any information provided on this Web Site or by any advertisers or others on this Web site, is solely at your own risk.

C. NO WARRANTY. Website Operator makes no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Web Site, the Contents, software, text, graphics, links or communications provided on or through the use of this Web Site, or the responses you receive from sponsors participating in this Web Site or My Health and Wellness. THE USE OF THIS WEB SITE IS AT YOUR OWN RISK. THIS WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY WEBSITE OPERATOR. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND SITE-RELATED SERVICES.

D. LIMITATION OF LIABILITY. NEITHER WEBSITE OPERATOR NOR ITS EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE OR SENT TO YOU BY SPONSORS PARTICIPATING IN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT WEBSITE OPERATOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE OR TRANSMITTED TO YOU BY SPONSORS OF THIS WEB SITE IS TO STOP USING THIS WEB SITE AND/OR THOSE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

E. NO RELIANCE. In many instances, the content available through the Web Site or transmitted to you by sponsors of the Web Site represents the opinions and judgments of the respective information provider, advertiser/sponsor, or Web Site user or member. Website Operator neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than an authorized Website Operator employee or spokespersons while acting in their official capacities. Under no circumstances will Website Operator be liable for any loss or damage caused by your reliance on information obtained through the Web Site or from sponsors of the Web Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web Site or from sponsors of the Web Site.

F. LINKS. This Web Site may contain links to websites operated by independent third parties, outside services and resources (“Linked Sites”). Website Operator does not monitor nor control the Linked Sites and makes no representations regarding such Linked Sites, and is not liable or responsible for the accuracy, completeness, timeliness reliability or availability of any of the content uploaded, displayed, distributed, or products or services available, at such Linked Sites. If you choose to access any Linked Sites, you do so at your own risk. The presence of a link from this Web Site to Linked Sites does not constitute or imply Website Operator endorsement, sponsorship, or recommendation of the third party or the content, product, services or information contained on or available through such Linked Sites. You are encouraged to review any privacy policy or terms of service posted on the Linked Sites. The respective owners of the Linked Sites neither endorse nor are affiliated with Website Operator .

G. USE/PRIVACY. All information submitted on the site might potentially be publicly accessible. Important and private information should be protected by you. Website Operator is not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use. Website Operator’s network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Website Operator. All messages transmitted through the site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting. Website Operator reserve the right to deactivate or suspend your use of services if found or reasonably suspected to involve or facilitate illegal, abusive or unethical activities. Such activities include pornography, obscenity, nudity, violations of law or privacy, hacking, computer viruses, gambling, or any harassing or harmful materials or uses. Information and materials posted by Website Operator or My Health and Wellness Pros are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, the site may be used by others to post other information and materials, including changes or additions; Website Operator gives no assurance whatsoever regarding such information or materials. In no event should the availability of such information and materials be construed as an indication they have been validated by Website Operator. Should you decide to submit, enter or transmit through use of the Website information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Website (including Website Operator or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You are authorized to access, use and copy information and materials available through the Website only for purposes of soliciting responses from My Health and Wellness Pros. The information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of Website Operator or third parties which is prohibited by law and could result in substantial civil and criminal penalties. You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you or your agents; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users or accessees. These terms shall be governed by and construed and enforced in accordance with the laws of the State of California, excluding its laws relating to conflicts of laws. If any lawsuit or claim is brought or filed against Website Operator, you hereby agree the jurisdiction and venue for said action shall be in the County of San Diego, State of California. BY CLICKING THE [ENTER] OR [ACCEPTED] ICON BELOW, OR BY REGISTERING FOR USE OF THE WEBSITE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE WEBSITE, YOU WARRANT THAT YOU HAVE READ AND UNDERSTAND EACH TERM AND CONDITION HEREIN AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE AND EXIT NOW.

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