Terms of Use
Updated September 20, 2024
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Welcome to ProsperWellMD.com (the “Website”). By accessing and using this Website, you agree to comply with and be bound by these Terms of Use (“Terms”), which govern your use of the Website owned and operated by Prosper Well, LLC (the “Company”) and Dr. Charles Penick. Please review these Terms carefully, as they contain important information regarding your legal rights and obligations. If you do not agree to these Terms, you must discontinue use of the Website immediately.
1. Acceptance of Terms
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. Prosper Well, LLC reserves the right to amend, modify, or update these Terms at any time, without notice, by posting revisions to the Website. Your continued use of the Website following the posting of changes to these Terms constitutes acceptance of those changes.
2. Use of the Website
You agree to use the Website for lawful purposes only. You are prohibited from using the Website to:
Engage in any unlawful, fraudulent, or malicious activity.
Violate the rights of others or infringe upon the intellectual property, privacy, or any other legal rights of any party.
Upload, post, transmit, or otherwise make available any content that is defamatory, obscene, harmful, or otherwise objectionable.
3. Intellectual Property
All content, materials, logos, trademarks, text, graphics, images, videos, and software available on the Website are the property of Prosper Well, LLC and/or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are not permitted to copy, distribute, modify, or use any of the Website’s materials for commercial purposes without the express written permission of Prosper Well, LLC.
4. Medical Disclaimer
The content provided on this Website is for informational and educational purposes only and is not intended to serve as medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. The use of this Website does not create a doctor-patient relationship between you and Dr. Charles Penick or any other representative of Prosper Well, LLC. Never disregard professional medical advice or delay seeking it based on something you have read on the Website.
5. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using the Website, you agree to the collection and use of your information as outlined in the Privacy Policy.
6. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Prosper Well, LLC. We do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that Prosper Well, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such third-party content.
7. User Conduct
You agree to use the Website responsibly and in compliance with all applicable laws and regulations. Any content that you submit or upload to the Website must not:
Infringe any intellectual property rights.
Contain viruses, malware, or any other harmful or malicious code.
Misrepresent your affiliation with any person or entity.
We reserve the right to remove or modify any content you submit that violates these Terms.
8. Disclaimer of Warranties
The Website and its content are provided “as is” and “as available” without any warranties of any kind, either express or implied. Prosper Well, LLC does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Prosper Well, LLC disclaims any and all warranties, including but not limited to warranties of accuracy, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
In no event shall Prosper Well, LLC, Dr. Charles Penick, or their affiliates, employees, agents, or contractors be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, or use, arising out of or in any way connected to your use of the Website, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless Prosper Well, LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorney’s fees) arising out of or related to your use of the Website or any violation of these Terms.
11. Termination
Prosper Well, LLC reserves the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination, shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of [Your State], without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in [Your State].
13. Contact Information
If you have any questions or concerns regarding these Terms, please contact us.
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
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