Terms, Conditions, Disclaimer
Last Updated: May 11, 2020
BY USING THE APP (WEBSITE), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU AGREE TO FOLLOW AND VOLUNTARILY BE BOUND BY THESE TERMS AND CONDITIONS.
No Medical Advice
The App (Website) provides information, content and data (collectively, “Content”) and the Content contained therein for informational purposes only. The App cannot and the App does not provide medical advice, and you agree, understand, and you acknowledge the App does not provide any medical advice, and the Content should not be so construed or used as medical advice. Using, accessing and/or browsing the App and/or providing personal or medical information in the App does not create a physician-patient relationship between you and App or WSS. Nothing contained in the App is intended to create a physician-patient relationship, to replace the services of a health professional or to be a substitute for medical advice of a health professional. You agree, understand, and acknowledge you are not and you will not rely on any Content contained in the App to replace or supplement medical advice. Finally, you agree, understand, and acknowledge that you shall not make any health or medical related decision based in whole or in part on anything or any Content contained in the App.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in the App shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and WSS. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the App.
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. WSS undertakes no obligation to update any Content in the App. WSS reserves the right to make alterations or deletions to the Content at any time without notice.
Third Party Links and Advertisements Disclaimer
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND WSS MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.
Disclaimer of All Warranties
The Information made available at the App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, WSS makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, WSS makes no representations or warranties with respect to any Information offered or provided within or through the App regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the App, will WSS be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, WSS shall have absolutely no liability in connection with the App for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by WSS’s actions, omissions, or negligence, or for contingencies beyond WSS’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The App is protected by United States copyright laws. WSS hereby reserves any and all intellectual property rights in the App.
The App is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the App.
You agree to indemnify and hold WSS harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you on this App, (2) any violation of law that occurs by you through the App, and/or (3) anything you do using the App and/or the Information contained therein.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the App, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Texas. You further agree that any claims or causes of action arising out of or related to this Agreement and the App, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
You hereby acknowledge that this Agreement represents the entire understanding between you and WSS concerning your use of the App and the Information contained therein.
WSS may, in WSS’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the App.
WSS’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.