KnoWEwell Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BECOMING A MEMBER AND USING THE KNOWEWELL REGENERATIVE WHOLE HEALTH HUB.
Welcome to KnoWEwell®! These terms and conditions ("Terms and Conditions") govern your relationship with KnoWEwell, P.B.C. (referred to as “KnoWEwell,” “we,” “us,” or “our”). In these Terms and Conditions, members and visitors will be referred to as “you” or “your.”
KnoWEwell’s mission is to inspire and empower WELLthier Living®. The Hub is intended to be a private, secure, and safe space to find information, learn, and engage respectfully with like-minded people. Failure to comply with these Terms and Conditions may result in suspension or revocation of your membership as determined by KnoWEwell in its sole discretion without a refund.
Membership Privileges & Hub Features
The Hub is designed to provide information and services to members, including, but not limited to, information about functional medicine, personal lifestyle medicine, integrative health and medicine, natural medicine, complementary, alternative, and traditional world medicine, and today’s most innovative healing, health, and well-being practices that treat the whole person – mind, body, and spirit (which we refer to collectively as “Regenerative Whole Health” or “RWH”), the ability to connect individual members and provider/practitioner members, and an opportunity to participate in one or more communities or groups where members may engage with other members. The specific features you enjoy as a member are dependent upon the membership service level you have purchased. KnoWEwell reserves the right to change, modify, enhance, add, or delete membership features at any time.
Your membership experience is very important to us. We conduct periodic member surveys to receive feedback on our product design and user experience. We embrace your feedback and will consider it as part of our periodic evaluation to improve our policies, practices, products, and services.
KnoWEwell Does Not Provide Medical Advice
The contents of the Hub, such as, without limitation, text, graphics, photos, images, videos, webinars, live events, trainings, learning and healing courses and programs, podcasts, audios, forums, editorials, endorsements, comments, referrals, writings, and other elements and materials, in any media or format, whether physical, electronic, digital, analog or otherwise produced by KnoWEwell or obtained or licensed from others on the Hub (collectively referred to as “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical, health, wellness, or healing advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers 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 Hub. KnoWEwell assumes no liability for the use or misuse of the Content. If you think you may have a medical emergency, call your doctor or 911 or other emergency services immediately.
KnoWEwell does not recommend or endorse any specific tests, therapies, practices, provider/practitioners, products, procedures, opinions, trainings, courses, programs, or other information that may be mentioned on the Hub. Further, the views expressed by a doctor or other healing, health, and well-being “expert” or organization on the Hub through any medium, including, but not limited to, posts, forums, webinars, courses, programs, podcasts, white papers, articles, infographics, or any other video, audio or written content are the professional opinions of such doctor or other healing, health, and well-being “expert” or organization and do not represent the views of KnoWEwell, KnoWEwell’s collaborative partners, or any other organization or entity. Reliance on any information furnished by KnoWEwell, KnoWEwell’s employees, others appearing on the Hub at the invitation of KnoWEwell, or others, including members, appearing on the Hub is solely at your own risk.
Some of KnoWEwell’s applications, services, and tools may have additional terms that we provide to you when you use those applications, services, and tools.
Use of Natural MedicinesTM, Prescriber’s LetterTM and Other Content
With respect to the Content produced by KnoWEwell or obtained or licensed from others, including by not limited to TRC, members shall not (i) rent, sell, lease, sublicense, distribute, transfer, exploit, copy, reproduce, display, publish, modify, edit, revise, alter, translate, syndicate, consolidate, store, create derivative works based on, anthologize, allow access to, time-share or otherwise exploit all or any portion(s) of the Content, (ii) modify, disable, attempt to circumvent, or otherwise interfere with any security, copy protection or other similar feature of the Content, (iii) remove any proprietary notices, labels or marks embedded in or displayed with the Content, (iv) combine, merge or mix the Content with any third party’s data or content, (v) publish, display or otherwise allow access to (through frames, links, or otherwise) the Content in connection with any sale, distribution, transfer or other transaction involving any item or substance referred to in the Content arising out of or in conjunction with the display thereof, or (vi) use the Content in any way (including without limitation, in connection with any website or application) that is offensive, abusive, libelous, harassing, threatening, discriminatory, vulgar, pornographic, unethical, unlawful, or otherwise inappropriate, or (vii) use the Content or Hub to express political views or actions, as determined by KnoWEwell in its sole discretion.
All Content posted on the Hub is protected by the copyright laws in the United States and in foreign countries. All Content is provided by KnoWEwell to you AS IS. You may access the Content for your information and use solely as intended through the provided functionality of the Hub and as permitted under these Terms and Conditions. KnoWEwell authorizes you to view or download a single copy of the Content on the Hub solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2022 KnoWEwell, P.B.C. All rights reserved." and other copyrights and proprietary rights notice that are contained in the Content. If upon download any KnoWEwell Content, you are prompted to additional terms applicable to such Content, including, but not limited to, payment of fees for access, you must review and accept such additional terms and pay applicable fees before we allow you to proceed with your download. Please read any additional terms carefully. Any special rules for the use of certain software and other items accessible on the Hub may be included elsewhere within the Hub and are incorporated into these Terms and Conditions by reference.
Title to the Content remains with KnoWEwell or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or removal without notice at the discretion of KnoWEwell. All rights not expressly granted herein are reserved to KnoWEwell and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates, and you must immediately destroy any copies you have made of any portion of such materials.
Links to Other Sites
What We Agree
1. We agree to publish your profile and contact information, based on your selected privacy settings, for other members to see. The intent is for members to connect with each other based on similar interests, values, and needs. It also is the intent for individual members to be able to find provider/practitioner members who best match their health interests and needs and vice versa. You are solely responsible for the information you provide in your profile as described under “What You Agree” below.
2. We agree to provide a variety of means to communicate with other members as you access Content, including but not limited to: (i) creating and sharing information through posts, articles and videos, and through other media, (ii) participating in community, group and forum conversations, and (iii) for individual members to search and view the profiles of provider/practitioner members and for provider/practitioner members to connect with individual members based on their membership profile and privacy settings. We do not guarantee provider/practitioner members any specific number of contacts, nor do we make guarantees, representations, or warranties regarding an individual member’s selected interests, desire to become a patient or customer, ability pay for goods and services, or the accuracy of the information provided by such individual members. We are not involved in, nor do we have any responsibility for provider/practitioner member’s correspondence, contracts, or agreements with individual members you meet through KnoWEwell, the creditworthiness of individual members, or any payments to provider/practitioner members or any disputes between provider/practitioner and individual members.
3. If you have selected the Gold or Controller Plan membership plan, we agree to provide individual members with access to the Natural MedicinesTM database, and provider/practitioner members with access to the Natural MedicinesTM database and the Prescriber's LetterTM.
4. The Hub supports the two latest versions of available web browsers including, but not limited to, Firefox, Safari, Explorer, Chrome, and Edge. We do not support running our application, in multiple browsers or windows/tabs concurrently. Doing so may result in unexpected behavior.
We want you to be happy with your KnoWEwell membership, and with learning and healing courses and programs and other purchases on the Hub. If you are not satisfied with your membership, you may request it be cancelled and your membership fees refunded within 30 days of purchase. You also may request a refund on any learning and healing courses and programs within 30 days provided you have not viewed such courses and programs. The amount of your purchase shall be returned less the credit/debit card processing fees paid by KnoWEwell at the time of your purchase as such amounts are not refundable from the payment processor. To request a refund, send an email to firstname.lastname@example.org with your account information.
We reserve the right to refuse refunds to those who abuse our refund policy. Examples of abuse include, but are not limited to, requesting refunds for multiple memberships or courses, or requesting refunds in consecutive months.
What You Agree
2. If you provide a link to your website during the registration process or at any time for your KnoWEwell profile, by doing so you authorize (but do not obligate) KnoWEwell to populate fields of your KnoWEwell profile from that website (including any landing pages, web pages, and the content thereof). By providing a link to a website, you represent and warrant that the website (including any associated landing pages, web pages, and the content thereof) is yours and that you have authorization and authority to use and share all information contained therein.
3. Subject to your profile and privacy settings, your profile may be viewed by other members on the Hub and through third-party services and websites. It may also be re-shared by others. You should only provide information that you are comfortable sharing with others under the terms of these Terms and Conditions. You are always solely responsible for your profile and privacy settings.
4. You represent and warrant that all registration information you submit on your KnoWEwell profile is truthful, complete, and accurate and you will maintain the truthfulness, completeness, and accuracy of such information. If we believe or suspect that such information is untrue, inaccurate, not current, or incomplete, we may deny or terminate your access to the Hub (or any portion thereof). If you are a provider/practitioner member, you warrant that you are qualified and capable to perform the services, and hold the degrees, certificates, and training included in your profile and any amendments thereto.
5. You may not transfer to or share your account with other persons or entities, and you are solely responsible for the confidentiality of your member account, as well as for its use and misuse.
6. You agree: (i) to be responsible for any act or omission of any users accessing the Hub under your account that, if undertaken by you, would be deemed a violation of these Terms and Conditions, and (ii) that such act or omission shall be deemed a violation of these Terms and Conditions by you.
7. You will promptly inform us of any need to deactivate a username or password, including if you become aware that your account is being used without authorization.
8. If you are accepting these Terms and Conditions on behalf of a legal entity or individual other than yourself, you hereby represent that you have the right and authority to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to obligate such legal entity or individual to abide by and comply with them. If you are signing up on behalf of your employer, then you must use your employer-issued email address.
9. Members whose access to the Hub has previously been terminated by KnoWEwell may not register for a new account and may not designate others to register or use an account on their behalf.
10. You will comply with these Terms and Conditions as specified from time to time.
11. By posting or providing any Content on the Hub, including but not limited to text, articles, audio, video, photographs, and other materials, in any media or format, now known or hereinafter devised, whether physical, electronic, digital, analog, or otherwise, you represent and warrant to KnoWEwell that you own or have all necessary rights to use the Content you post or provide, and to grant to KnoWEwell the rights granted below. The forgoing representation includes, but is not limited to, a representation and warrant that you own or have the necessary rights (including any necessary releases or licenses) to grant all rights granted below in relation to any persons, places, or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions, licenses, or releases from the applicable copyright owner. You agree to indemnify, defend, and hold harmless the KnoWEwell Parties (defined below) from and against any claim, liability, cost, and expense arising in connection with your posting or providing Content. Any Content originated by you that you post or provide on the Hub is yours and remains yours. By posting or providing Content to the Hub, you hereby grant KnoWEwell and its members and visitors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to use, copy, store, process, adapt, publish, transmit, display, reproduce, modify, edit, abridge, crop, create derivative works of, perform, and distribute your Content on the Hub, including without limitation for promoting and redistributing part or all of the Hub (and derivative works thereof) in any media formats and through any media channels (now known or later developed). Nothing in these Terms and Conditions shall restrict other legal rights you or KnoWEwell may have to the Content, for example under other licenses or to sublicense the Content through multiple tiers of sublicensees. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media. KnoWEwell reserves the right to remove or modify Content for any reason, including Content that KnoWEwell believes violates these Terms and Conditions or our policies. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary, or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. You also hereby grant each member and visitor to the Hub a non-exclusive license to access Content you submit to the Hub and to use, reproduce, distribute, display, and perform such Content as permitted through the functionality of the Hub and under these Terms and Conditions. The above licenses granted by you in Content you submit to the Hub will survive even if you remove or delete your Content from the Hub and if your membership is terminated for any reason. The above licenses granted by you are perpetual and irrevocable
KnoWEwell does not authorize copyright or Trademark infringing activities and infringement of intellectual property rights on the Hub, and KnoWEwell will remove Content if properly notified that such Content infringes on another's intellectual property rights (see the section below titled “Copyright and Trademark Complaints”). KnoWEwell reserves the right to remove Content without prior notice.
12. You will not use the Hub for any unlawful purpose;
13. You will not upload, post, e-mail, transmit or otherwise make available any Content that:
- infringes any copyright, Trademark, trade secret, right of publicity, or other proprietary rights of any person or entity; or
- has a political agenda or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes violence or cruelty to humans or animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information. You will not “stalk” or otherwise harass another member.
14. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
15. You will not violate any applicable local, state, federal or international law, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 as amended by the Health Information Technology for Economic and Clinical Health Act or any successor federal statute, and the related rules and regulations (“HIPAA”), all as may be amended or supplemented from time to time.
16. You will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of KnoWEwell or the respective licensors of the Content. KnoWEwell and its licensors reserve all rights not expressly granted in and to the Hub and the Content.
17. You agree not to copy/collect Content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
19. You will not engage in any illegal acts or acts of wrongdoing, dishonesty, or unethical practices with KnoWEwell, any of our members or other third parties, including, but not limited to, disclosing any member personal information to any third party. You will at all times be in full compliance with all applicable federal, state, and local laws and regulations that apply to your activities.
21. If you are a provider/practitioner, you will not promote webinars, learning and healing courses, programs, trainings, and other promotional or educational events on the Hub that will be hosted or offered on other social media platforms (e.g., Facebook, Facebook Live) or competing websites.
22. If you are a provider/practitioner, you may be required to supply information to KnoWEwell in order to have Universal Background Screening, Inc. (“Universal”), a third-party service provider engaged by KnoWEwell, perform a background check and to verify selected educational and professional information you submit as part of your membership registration. If your membership registration is rejected, at least in part, as a result of the information obtained from Universal, the membership fees you paid will be refunded less than the fees charged by Universal for their services on your account.
23. All rights not expressly granted by KnoWEwell are reserved.
We and/or our licensors, vendors, and suppliers, as applicable, retain all right, title, and interest in and to the Hub, and all software, code, tools, technology, proprietary methods and systems, and all related intellectual property rights relating to the Hub (the “Technology”). You may not copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute the Technology in any way without our prior written permission and the prior written permission of our applicable licensors. Nothing in these Terms and Conditions grants you any right to receive delivery of a copy of the Technology or to obtain access to the Technology except as generally and ordinarily permitted through the Hub according to these Terms and Conditions. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Hub, including its “look and feel”, constitute Trademarks. All Trademarks not owned by KnoWEwell that appear on the Hub or our website are the property of their respective owners. You are not authorized to use any such Trademarks. Ownership of all such Trademarks and the goodwill associated therewith remains with us or those other entities.
Subject to your rights in the Content provided by you through your membership account (as explained above), we retain all right, title, and interest in and to all Content available through the Hub. The Content may be owned by us or our licensors and is protected under both United States and foreign laws. Except as expressly permitted in these Terms and Conditions, you have no rights in or to the Content.
KnoWEwell does not endorse any Content submitted to or shared via the Hub by any member or other licensor, or any opinion, recommendation, or advice expressed therein, and KnoWEwell expressly disclaims any and all liability in connection with such Content. You understand that when using the Hub, you will be exposed to content from a variety of sources and that KnoWEwell is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
The Hub, as a whole, is copyrighted as a collective work, and individual works or content appearing on or accessible through the Hub owned by or licensed to KnoWEwell are likewise subject to copyright protection domestically and internationally. Likewise, all software, code, proprietary methods, and systems used to provide the Hub may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.
Copyright and Trademark Complaints
If you believe the Hub contains any Content or trademarks, trade names, service marks, trade dress or logos (“Trademarks”) that infringes your copyright, please contact legal@KnoWEwell.com with the following information:
- An electronic or physical signature of the owner of the copyright or Trademark or the person authorized to act on behalf of the owner of the copyright or Trademark;
- A description of the copyrighted work or Trademark that you claim has been infringed;
- A description of where the material or Trademark that you claim is infringing is located on the Hub;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or Trademark owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or Trademark owner or duly authorized to act on the copyright or Trademark owner’s behalf.
If we receive an infringement claim, we will send a copy of such copyright or Trademark infringement claim to the member or entity who posted the Content you report as infringing.
If your email submission contains all of the information required and demonstrates that Content on the Hub is infringing your copyright or Trademark, we will take appropriate action, which may include removing the infringing Content. Please note KnoWEwell is not a court of law and there may be times that we cannot take action based on the information that you submit to us. In such cases, we may refuse to take action, and if warranted, you may resubmit the email with additional information and materials requested by KnoWEwell that were not previously submitted.
If your Content is removed due to the receipt of a copyright or Trademark infringement notice and you believe that your Content was wrongly removed, you may send us a Counter Notice. Your Counter Notice must contain:
- A physical or electronic signature;
- Identification of what was removed and the location where the Content appeared before it was removed;
- A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of mistake or misidentification;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of New Jersey and that you will accept service of process from the person who provided notification; and
- Your Counter Notice must be sent to us at email@example.com.
Please note that a copy of any Counter Notice received will be sent to the party who reported the Content as infringing.
1. For purchases of subscription membership, you shall pay such fees on an annual or monthly basis. You agree that payments will be made by KnoWEwell processing your credit or debit card, in advance, on such a basis. KnoWEwell uses a third-party payment processor, and such a processor may not support all payment methods, currencies, or locations for payment.
3. If you purchase learning and healing courses or programs, or other third-party goods or services through the Hub using KnoWEwell’s payment processor, you expressly acknowledge that an agreement is formed directly between you and such third party for the sale of courses, programs, goods and/or services to you. KnoWEwell is not a party to that agreement nor sets any of the terms for such transactions. Further, you acknowledge and agree that KnoWEwell acts as the payment collection agent for the limited purpose of accepting payments from you on behalf of such third party. Upon your payment of the funds to KnoWEwell, KnoWEwell is responsible for remitting the funds to the third party. If KnoWEwell does not remit any such amounts once successfully received from you, the third party has no recourse against you. If you purchase learning and healing courses or programs, or other third-party goods or services through the Hub using such third party’s payment processor, you need to understand the terms and conditions for such transaction, including but not limited to the refund policy and payment processing fees, and acknowledge that such transaction is outside the scope of these Terms and Conditions.
4. You authorize KnoWEwell to charge you for any sales or similar taxes that may be imposed on your subscription payments, or any other fees charged by KnoWEwell. KnoWEwell’s failure to collect, report, and remit taxes to any governmental authority, may not relieve you from your sales tax obligations or liabilities within a state where applicable products and services are taxable. If a tax-exempt entity purchases products or services on the Hub, the entity will be required to pay sales taxes on the initial purchase. Thereafter, the entity should submit a refund request to accounting@KnoWEwell.com. The refund request should include a copy of the purchase receipt showing the sales tax paid, as well as a copy of the entity’s valid tax identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that KnoWEwell should not charge tax to the entity in accordance with the applicable tax laws. KnoWEwell will issue a refund once the documentation has been reviewed and approved.
5. You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your KnoWEwell profile, and all contact and billing information, are kept up-to-date and accurate. KnoWEwell is not responsible, or liable, for undelivered member notifications. You agree to promptly notify KnoWEwell if your payment method expires, is canceled (including if you lose your debit or credit card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
6. You acknowledge that you will not receive a detailed account statement unless you provide KnoWEwell with a valid email address. KnoWEwell will process your balance due at the beginning of your billing period through your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $50 fee per transaction.
7. Any disputes about charges to your account must be submitted to KnoWEwell in writing to firstname.lastname@example.org within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30-day period, and all such charges will be final and not subject to challenge.
8. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
9. No fee is due or payable to the extent such fee is in violation of any applicable law.
1. KnoWEwell, in its sole discretion, reserves the right to suspend your rights under these Terms and Conditions or terminate your membership immediately at any time for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Hub at any time without prior notice or liability.
2. If it is determined or suspected by KnoWEwell, in its sole discretion, that you are misusing or attempting to misuse or circumvent the KnoWEwell services or system or any member data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services offered by KnoWEwell, in addition to our right to immediately terminate your membership, KnoWEwell reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
3. In the event of termination of your membership, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
4. If any provision of these Terms and Conditions is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, then such provision shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties without affecting the remainder of these Terms and Conditions.
6. When using the Hub or Content, you agree that you will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Hub; (ii) introduce into the Hub any virus, worm, “black door,” Trojan Horse, or similarly harmful code; (iii) upload to the Hub or link to any website, any Content that violates these Terms and Conditions; or (iv) otherwise use the Hub in violation of these Terms and Conditions. If you violate any of these Terms and Conditions, we reserve the right, in our sole discretion, to deny you access to the Hub or any portion of thereof or terminate your membership, without notice, and to remove any of your Content.
7. KnoWEwell’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and KnoWEwell nor trade practice shall act to modify any of these Terms and Conditions. Only written waivers signed by both you and KnoWEwell shall be valid and binding.
By submitting any unsolicited information and materials, including comments, ideas, feedback, questions, designs, and other similar communications about the Hub or services provided by KnoWEwell (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, do not provide us with any Unsolicited Information.
1. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY.
2. By submitting Unsolicited Information, you automatically forfeit your right to any intellectual property rights in those ideas. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting.
3. We and our affiliates are free to use any ideas, concepts, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing manufacturing, and marketing products.
4. You agree not to take any action that may undermine any feedback or rating systems that we establish as part of the Hub. This includes not displaying, importing, exporting, or using any feedback information taken from the Hub, regardless of purpose.
5. You hereby expressly permit KnoWEwell or its authorized contractors and partners to access your account and content in order to investigate and diagnose actual or potential defects or other technical problems with the Hub.
THE HUB, CONTENT, AND ALL OTHER CONTENT, INFORMATION, FUNCTIONS, TOOLS, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE HUB, ARE PROVIDED "AS IS,” “AS AVAILABLE.” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NONE OF KNOWEWELL, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SPONSORS, AND MEMBERS (COLLECTIVELY THE “KNOWEWELL PARTIES”) WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE KNOWEWELL PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT KNOWEWELL DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, DATA BREACHES, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES AND THE KNOWEWELL PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
NONE OF THE KNOWEWELL PARTIES ENDORSE OR RECOMMEND ANY CONTENT PROVIDED BY ANY MEMBER OR ANY OTHER THIRD PARTY, INCLUDING ANY THIRD-PARTY OFFERINGS. NONE OF THE KNOWEWELL PARTIES IS A PARTY TO OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY THIRD PARTY CONTENT OR OFFERINGS MADE AVAILABLE TO YOU THROUGH THE HUB, OR FOR ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN MEMBERS OR FOR ANY RESULTS CAUSED BY USING THE HUB OR ANY CONTENT, FUNCTIONS, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE HUB, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS ANY INDIVIDUAL MAY SUFFER. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE HUB IS DONE AT YOUR OWN DISCRETION AND RISK.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold KnoWEwell Parties, to the extent permitted by law, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions and, in addition, for provider/practitioner members resulting from, or alleged to result from (i) any of your services to or dealings with any KnoWEwell members, or (ii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of member personal information) set forth in these Terms and Conditions.
These Terms and Conditions will be governed by, and construed and enforced in accordance with, the laws of the State of New Jersey, United States of America, without regard to any conflict of law principles that would result in the application of the laws of any other state or jurisdiction. You may not challenge the jurisdiction or venue provisions as provided in this section. You agree that any disputes among arising out of or in connection with these Terms and Conditions or any course of conduct, course of dealing, statements (whether verbal or written), or actions of you or KnoWEwell, will be resolved by final and binding arbitration in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). The location of the arbitration will be in Somerset County in the State of New Jersey. You and KnoWEwell agree to abide by all decisions and awards rendered in the arbitration. Such decisions and awards rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection and enforcement. All such claims or disputes will be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this section will be construed as precluding the bringing of action for preliminary injunctive relief or other preliminary equitable relief pending conclusion of an arbitration on the merits. The arbitrator(s) will not have the right to award punitive damages or speculative damages to either you or KnoWEwell and will not have the power to amend these Terms and Conditions. The arbitrator(s) will render its decision in a reasoned written opinion. Both the existence and subject matter of the arbitration will be kept confidential by you, KnoWEwell, and the arbitrator(s). You and KnoWEwell will each bear their own legal and expert fees and expenses but will share equally the costs of the arbitration (i.e., the AAA and arbitrator fees and costs) as they are incurred. The arbitrator(s) will have the right, in its discretion, to award to the substantially prevailing party all or part of the costs of the arbitration (i.e., the AAA and arbitrator fees and costs), as well as the reasonable legal and expert fees and expenses incurred by such party in connection with the arbitration and any action for preliminary injunctive or other equitable relief as contemplated above.
Access Outside the United States
KnoWEwell is based in New Jersey, in the United States of America. KnoWEwell makes no claims that the Hub 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 Hub from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You may not use or export any materials on the Hub in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.
As an express condition of being permitted to access and use the Hub, you represent and warrant that you (i) are not on a list of persons that bars you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (ii) are not a resident of a country sanctioned by the United States Office of Foreign Assets Control (“OFAC”), including, but not limited to, the Balkans, Belarus, Burma, Cote d’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Zimbabwe, and any other country OFAC may include its list of sanctioned countries from time to time.
Please contact us by email at email@example.com or call at 1-855-KWE-WELL (593-9355) if you have any questions about these Terms and Conditions or your membership.
Last updated August 1, 2022
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