Terms and Conditions

Acceptance of Terms

THESE TERMS AND CONDITIONS ARE BINDING ON YOU (TOGETHER WITH ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU USE THE SITE, “YOU”). The Sweet Water Health Advocates, LLC (“Sweet Water,” “we” or “us”) website (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use”). Without limiting the foregoing, you acknowledge that third parties may have a relationship with Sweet Water that is governed by different agreements or terms and conditions and you waive any claim against Sweet Water with respect to such differing terms and conditions. If you are using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.

Modification of These Terms of Use

Sweet Water reserves the right to change these Terms of Use at any time, as we deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued usage of the Site following such notification will mean you accept those changes. If at any time you choose not to accept these Terms of Use, then please do not use the Site.

About the Site

It is important to note that the timeliness and accuracy of any or all of the Content (as hereinafter described) is not guaranteed. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician. The Site does not, and Sweet Water shall have no obligation to, store, maintain or update any medical or other health records on your behalf, including any Medical History Forms.

Physician and other health provider information found on the Site is both self-reported, by the physician and/or office staff, and collected from multiple other data sources that may not be confirmed by the physician. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information by contacting the appropriate licensing authorities and state medical board.

The Site Does Not Provide Medical Advice

You acknowledge that (i) the contents of the Site, and any reports or other materials generated by or through the Site (including any item or information provided in direct response to your questions), such as text, graphics, images, information, data, suggestions or guidance, and (ii) any information that you obtain or receive from employees, contractors, partners, sponsors, advertisers, licensors or otherwise (collectively, (i) and (ii), the "Content") are for informational purposes only. Although the Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. In addition, no information posted on the Site and/or provided to clients in reports and other materials constitutes legal advice. You should seek legal advice from a duly licensed attorney before making any decisions relating to legal matters.

THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911. YOUR USE OF CONTENT PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

Sweet Water does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other Content on the Site. Sweet Water is a member of the National Association of Healthcare Advocacy Consultants (NAHAC) and, as such, has agreed to comply with the NAHAC Code of Ethics. Sweet Water may provide unrelated consultant services to providers. However, in keeping with the NAHAC Code of Ethics, Sweet Water does not and shall not accept remuneration for making referrals to other providers or services, nor steer clients to products or services from which we stand to profit financially or earn a commission.

No Medical Professional/Patient Relationship  

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE SITE INCLUDING, BUT NOT LIMITED TO, ASSISTANCE IN CONNECTION WITH YOUR RECORDS, MEDICAL HISTORIES, PREPARATION FOR APPOINTMENTS, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER CONTENT HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT AND YOU HEREBY WAIVE ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST SWEET WATER, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS (EACH, A “REPRESENTATIVE”), INCLUDING, WITHOUT LIMITATION, PERSONS PROVIDING TESTIMONIALS ON BEHALF OF SWEET WATER.

Limited Liability of Sweet Water

WE PROVIDE THE SITE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR NONINFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.  WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT PROVIDED BY USERS OF THE SITE OR ANY OTHER CONTENT, DATA OR CONTENT PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SWEET WATER DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. 

General Limitation of Liability

IN NO EVENT SHALL SWEET WATER BE LIABLE WHATSOEVER FOR YOUR USE OF THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO, THE SITE AND/OR YOUR USE THEREOF. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, CORRUPTION OF DATA OR OTHER INFORMATION, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, PERSONAL INJURY OR DEATH, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SITE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Your Personal Information

You may provide certain Personal Information (as defined in the Privacy Policy). You hereby authorize Sweet Water, its employees, agents and others operating on its behalf, to use and/or disclose Personal Information about you. By using the Site you acknowledge that Sweet Water may be provided access to your medical information, which may include “protected health information” as the term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and that Sweet Water will share such information with third parties. You also acknowledge and agree that Sweet Water is not a “covered entity” as defined under HIPAA and you hereby waive any and all rights, remedies and claims that you may have under HIPAA against Sweet Water, its affiliates and its and their respective Representatives. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. The Sweet Water Privacy Policy (the “Privacy Policy”), which is available here, explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully. If you complete a medical history form ("Medical History Form") on behalf of yourself or a third party from whom you have authorization to provide such information, you authorize us to provide such information to physicians and medical practitioners. You acknowledge that Sweet Water has no obligation to delete any data or information you provide on a Medical History Form and that Sweet Water may continue to use such information in accordance with its Privacy Policy.

Content You Submit

You agree that:

  1. •You are solely responsible for any Content that you submit through the Site.

  2. •You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.

  3. •You may not provide any Content that expresses or implies that it is sponsored or endorsed by us.

  4. •You may not provide any Content that is unlawful or that promotes or encourages illegal activity.

  5. •You agree that you will only provide Content that you believe to be true and accurate.

  6. •You agree that you shall not link from any other website to the Site, link from the Site to any other point, or frame any Content contained on the Site.

  7. •You agree that submissions you make through the Site are free of virus, Trojan horse, trap door, worm, timer, clock, robot, bot, spider or other malicious, limiting, disabling or damaging software code, design, instruction or routine.

  8. •You agree that no information you provide or action you take shall cause Sweet Water, its affiliates or its or their respective Representatives or users of the Site to violate any law, rule or regulation.

Your Responsibilities

The usual and customary charges for any medical services rendered by any providers will apply and will be entirely your responsibility. You may not attempt to gain unauthorized access to any portion of the Site or computer systems or networks, through hacking, data mining or any other means. Without limiting the foregoing, you agree that you shall not (and shall not allow any third party to):

  1. •copy, modify, adapt, translate, or reverse engineer the Site or any Content;

  2. •remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any Content;

  3. •use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;

  4. •access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;

  5. •reformat or frame any portion of the web pages that are part of the Site; or

  6. •collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Links to Other Sites

The Site may provide links to third-party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and Sweet Water does not recommend and does not endorse or make any warranties or representations regarding these websites, the content on these websites or the products or services they offer. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property

All Content is the property of Sweet Water or its licensors and is protected by federal and international copyright, patent, trade secret and trademark laws, and other proprietary rights. You acknowledge that the Site and any underlying technology or software used in connection with the Site contains Sweet Water’s proprietary information. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. We give you permission to use the Site and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site. Except as is expressly and unambiguously provided herein, Sweet Water and its suppliers do not grant you any express or implied rights, and all rights in the Site not expressly granted by Sweet Water to you are retained by Sweet Water. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the Content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by these Terms of Use or any applicable end-user license agreements are reserved by Sweet Water.

Acceptable and Lawful Use of Site

The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Site. You may not submit Content that: (a) is obscene, indecent, pornographic or sexually explicit in nature; (b) contains any Hazards; (c) infringes any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy; (d) is defamatory, libelous, unlawfully threatening or unlawfully harassing; (e) is false or intentionally misleading; (f) involves the transmission of unsolicited mass mailing or "spamming"; or (e) otherwise creates any liability for Sweet Water or causes Sweet Water to lose (in whole or in part) the services of its Internet Service Provider(s) or other Representative. Users shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site.

Indemnity

You agree to defend, indemnify, and hold Sweet Water, its affiliates and its and their respective Representatives, harmless from and against any claims, actions or demands, obligations, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (a) your access to or use of the Site; (b) your violation of these Terms of Use; (c) your negligence or intentional misconduct; or (d) your violation of any intellectual property or other right of any third party.

General

Sweet Water makes no claims that Sweet Water Health Advocates and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: The Site Does Not Provide Medical Advice, No Doctor-Patient Relationship, General Limitation of Liability, Limited Liability of Sweet Water, Content You Submit, Your Responsibilities, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You unconditionally and irrevocably agree that exclusive jurisdiction for any dispute with Sweet Water, or in any way relating to these Terms of Use, the Site, shall be exclusively brought in the courts of the State of Connecticut and you further agree and expressly consent to the exercise of personal jurisdiction in the Federal and State courts sitting in the State of Connecticut in connection with any such dispute including any claim involving Sweet Water, its affiliates, or its or their respective Representatives.

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Connecticut, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

We may assign rights in the Site at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site if you do not wish to continue to use the Site under the new ownership. You may not assign, transfer or sublicense your rights or obligations under these Terms of Use to any one else and any attempt to do so in violation of this paragraph shall be null and void.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Sweet Water's copyright agent (identified below) and providing the following information:

  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.

Sweet Water's agent for copyright issues relating to this Site is as follows:

  1. Sweet Water Health Advocates, LLC

  2. c/o Day Pitney LLP

  3. Attention: Lori J. Braender, Esq.

  4. One Jefferson Road

  5. Parsippany, New Jersey 07054

Complete Agreement

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Sweet Water with respect to the use of the Site, and hereby supersedes all prior understandings and agreements, whether oral or written, between the parties with respect to the subject matter hereof. To the extent there is an inconsistency between these Terms of Use and any other document (including the Privacy Policy), these Terms of Use shall govern.

Eligibility

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site on behalf of such minor child. By using the Site on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site. The right to access the Site is void where prohibited by applicable law. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all the terms and conditions contained herein.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted to info@sweetwateradvocates.com. We try to answer every email in a timely manner but due to volume may not always be able to do so.

 

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