Your use of LiveWello ™ is governed by this agreement. "LiveWello" means LiveWello, LLC.
LiveWello ™ does not offer medical advice. Any content accessed through LiveWello ™ is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through LiveWello ™. Call 911 or your doctor for all medical emergencies.
You must provide accurate and complete registration information any time you register to use LiveWello ™. You are responsible for the security of your passwords and for any use of your account. You must immediately notify LiveWello ™ of any unauthorized use of your password or account by sending an email to support@livewello.com.
Your use of LiveWello ™ and any content accessed through LiveWello ™ must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use LiveWello ™.
You may not access LiveWello ™ other than by the interfaces provided by LiveWello ™ or interfere with or disrupt the proper operation of LiveWello ™.
If you create, transmit, or display health or other information while using LiveWello ™, you may provide only information that you own or have the right to use. When you provide your information through LiveWello ™, you give LiveWello ™ a license to use and distribute it in connection with LiveWello ™ and other LiveWello ™ services. However, LiveWello ™ may only use health information you provide as permitted by you.
Privacy Policy, your Sharing Authorization, and applicable law. LiveWello ™ is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As such, HIPAA does not apply to the transmission of health information by anyone using LiveWello ™ to any third party. In addition, LiveWello will not transmit any of your personal health information to any third party without your permission.
To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide LiveWello ™ accurate information regarding your credit card or other payment instrument. You agree to pay LiveWello ™ in accordance with the terms set forth on the Site's pricing page and this Terms Of Service, and you authorize LiveWello ™ to bill your payment instrument in advance on a periodic basis in accordance with such terms.
Amounts paid for single charge items such as the Standard Gene Report, are non refundable once the report has been successfully generated. If you have a Paid Subscription, your payment to LiveWello ™ will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. If you dispute any charges you must let LiveWello ™ know within thirty (30) days after the date that LiveWello ™ invoices you. All amounts paid for monthly subscription services such as the Health Report, are non-refundable. Amounts paid for yearly subscription services are refundable for any unused balance, and prorated to the first of the subsequent month, billed at the monthly rate.
We reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. LiveWello ™ may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice.
Your use of LiveWello ™ and any content accessed through LiveWello ™ is subject to each of the additional terms provided in connection with LiveWello ™, including the LiveWello ™ Privacy Policy and the LiveWello ™ Legal Notices.
LiveWello ™ may include content that you find offensive, including health-related content that is sexually explicit.
LiveWello ™ may make third-party services available through LiveWello ™. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.
LiveWello ™ may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. LiveWello ™ further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through LiveWello ™.
USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. LiveWello ™ MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. Providers of these third-party services and/or content are LiveWello's "Licensors".
LiveWello ™ and its Licensors own all proprietary rights to LiveWello ™. LiveWello ™ gives you a personal, revocable, non-assignable, and non-exclusive license to use LiveWello ™.
LiveWello ™ may place limits on, modify, suspend or terminate LiveWello ™ generally, and may suspend or terminate your use of LiveWello ™ if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content.
LiveWello ™ may change this agreement and will post the modified agreement on its website https://LiveWello.com. If you do not agree to the modified agreement, you should stop using LiveWello ™. Your continued use of LiveWello ™ after the date the modified agreement is posted will constitute your acceptance of the modified agreement.
You will defend or settle any third-party claim against LiveWello ™, any third party LiveWello ™ feature providers, or any of LiveWello ™'s other licensors arising out of or related to your use of LiveWello ™.
NEITHER LiveWello ™ NOR ANY OF LiveWello ™'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER LiveWello ™ NOR ANY OF LiveWello's LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN LiveWello ™ IHR SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN LiveWello ™ IHR IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER LiveWello ™ NOR ANY OF LiveWello ™'S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
NEITHER YOU NOR LiveWello ™ OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
NEITHER YOU NOR LiveWello ™ OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.
The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.
If you have not signed a separate written agreement with LiveWello ™, this agreement is the entire agreement between you and LiveWello ™ related to LiveWello ™ Software, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and LiveWello ™ related to LiveWello ™ Software, the signed written agreement will control.
LiveWello's Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.
If LiveWello ™ provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.