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Terms of Use

TERMS OF USE

         The following is a description of the terms that Made New Health and Wellness, LLC (“MNHW”) offers in connection with your access and use of madenewhealthandwellness.com and any related websites (“Websites”). These Terms of Use contain the terms and conditions that govern your use of the Websites. Please read these Terms of Use carefully and completely before using this site. By accessing, visiting, browsing, using, or attempting to interact with any part of the Websites you agree that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, do not access or use any part of the Websites. These Terms of Use apply solely to the use of madenewhealthandwellness.com and do not extend to any affiliated sites or links to third parties. The information and resources contained on and accessible through this site are made available by MNHW and its suppliers and vendors, subject to your agreement to the terms and conditions below.

 

         You should periodically review these Terms of Use for any updates or changes. MNHW reserves the right, from time to time, with or without notice to you, to make changes to these Terms of Use at MNHW’s sole discretion. Continued use of any part of the Websites constitutes your acceptance of such changes. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “terms of use” hyperlink located at the bottom of every page of madenewhealthandwellness.com.

           

         These Terms of use became effective on September 2nd, 2021.

  1. DISCLAIMER – WEBSITES’ CONTENT IS NOT MEDICAL ADVICE

         You recognize and agree that the content made available through madenewhealthandwellness.com is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling or as the practice of medicine or as the creation of a physician-patient relationship with madenewhealthandwellness.com. Users should never use any madenewhealthandwellness.com resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through madenewhealthandwellness.com.

         The health related content on MNHW’s Websites describes general principles of health care that should not in any event be construed as specific instructions for individual patients. This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions. The Websites and their health related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on this site.

         You understand and agree that neither MNHW nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of this site or the information resources contained on or accessible through this site. Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.

MNHW does not necessarily endorse manufacturers' or others' claims about the efficacy of any products found on madenewhealthandwellness.com. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by madenewhealthandwellness.com or MNHW either orally or in writing will create such a warranty.

2. ACCESS TO THIS SITE

         To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If MNHW believes the information you provide is not correct, current, or complete, MNHW has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time. In the event we discontinue service, we will continue to honor any warranty requirement required by law.

3. RESTRICTIONS ON USE

         You may use this site for purposes expressly permitted by this site. As a condition of your use of MNHW Websites, you warrant to MNHW that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) cobrand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of MNHW. For purposes of these Terms of Use, “cobranding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with MNHW in causing any unauthorized cobranding, framing, or hyperlinking immediately to cease. In addition, you may not use MNHW’s Websites in any manner which could disable, overburden, damage, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not alter any contents located on madenewhealthandwellness.com including, but not limited to, the price or description of any product, service, or item listed on madenewhealthandwellness.com. You may not manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to MNHW. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Websites. You are not permitted to transfer your madenewhealthandwellness.com account, if any such account exists, to another party. You are also not permitted to submit, register, or otherwise use any email address that you do not own or for which you do not have the express permission of the owner to submit, register, or use with madenewhealthandwellness.com.

4. INSURANCE AND INSURANCE CLAIMS

         MNHW does not accept assignment. MNHW is not a provider for any insurance company or health care organization. MNHW does not file any insurance claims or bill any insurance companies for any reason. All purchases made on madenewhealthandwellness.com are cash purchases. MNHW does not work with private or government based insurers or social benefit programs. MNHW is not a Medicare provider nor does it have a Medicare number. Medicare will not reimburse you for purchases you make on madenewhealthandwellness.com.

5. ACCOUNT INFORMATION

         Should MNHW at any point in time decide to allow users to create personal accounts on the Websites, you agree to provide true, accurate, current, and complete information about yourself. It will be your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or MNHW has reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, MNHW reserves the right to suspend or terminate your account without notice and refuse any and all current and future use of the Websites. Because any termination of your access to the site may occur without prior notice, you acknowledge and agree that MNHW may, at any time, deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Websites. Furthermore, you agree that MNHW will not be liable to you or any third party for any termination of your access to your account or the Websites.

Should MNHW allow users to create personal accounts on the Websites, if you create an account, you will be responsible for maintaining the confidentiality of any password and account and will be fully responsible for all activities that occur in connection with your password or account. You agree that you will immediately notify MNHW of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others to access the Websites using your account or User ID.

6. PERSONAL AND NONCOMMERCIAL USE LIMITATION

         MNHW’s Websites are for your personal and noncommercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose (other than purchasing products and services from MNHW), without MNHW’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to MNHW’s Websites.

7. PROPRIETARY INFORMATION

         The material and content accessible from the Websites, and any other Websites which may be, now or in the future, owned, operated, licensed, or otherwise controlled by MNHW (“Content”) is the proprietary information of MNHW or the party that provided or licensed the Content to MNHW, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of MNHW, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates MNHW’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

8. HYPERLINKS

         This site may be hyperlinked to other sites which are not maintained by, or related to, MNHW. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with madenewhealthandwellness.com or MNHW. MNHW has not reviewed any or all of such sites and is not responsible for the content of those sites. MNHW is not responsible for webcasting or any other form of transmission received from any hyperlinked site. Hyperlinks are to be accessed at the user’s own risk, and MNHW makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the sites hyperlinked to this site. MNHW provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by MNHW of that site or any association with its operators.

 

9. USE OF COMMUNICATION SERVICES

MNHW’s Websites may, whether now or in the future, contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (“Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are proper and related to the particular Communication Service.

            Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

  1. you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

  2. advocates illegal activity or discusses an intent to commit an illegal act;

  3. does not pertain directly to madenewhealthandwellness.com;

  4. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, disparaging, discriminatory, abusive, harassing, or hostile;

  5. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

  6. harvests or otherwise collects information about others, including e-mail addresses, without their consent;

  7. violates any law or may be considered to violate any law;

  8. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

  9. falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;

  10. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

  11. solicits funds, advertisers, or sponsors;

  12. includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

  13. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this site;

  14. includes MP3 format files;

  15. amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

  16. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

  17. contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

         No prohibition in these Terms of Use is applicable to statements made or actions taken by an employee with respect to the employee’s right to engage in concerted activity for the purpose of collective bargaining or other mutual aid or protection. 

 

         MNHW reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. MNHW reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. MNHW also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

         Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither MNHW nor any third party that provides Content to MNHW will assume or have any liability for any action or inaction by MNHW or such third party with respect to any submission. MNHW cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. MNHW does not control or endorse the content, messages, or information found in any Communication Service and, consequently, MNHW specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MNHW spokespersons, and their views do not necessarily reflect those of MNHW.

10. SUBMISSIONS

          You hereby grant to MNHW the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to MNHW through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. MNHW will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future MNHW operations.

MNHW will treat any personal information that you submit through this site in accordance with its Privacy Policy, which is incorporated by reference as a part of these Terms of Use.

 

11. DISCLAIMER

         You understand that MNHW cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. MNHW does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by MNHW.

          YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS-IS,” “AS-AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MNHW DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. MNHW DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MNHW DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MNHW MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MNHW, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MNHW MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

          All of the information in the Websites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site and is not guaranteed to be accurate or without error, and MNHW does not undertake any obligation to update such information after it is posted or to remove such information from the Websites if it is not, or is no longer accurate or complete. MNHW does not warrant that product descriptions or other Contents on this site are accurate, complete, reliable, current, or error-free. Please contact us at info@madenewhealthandwellness.com to let us know if you find an error or discrepancy anywhere on madenewhealthandwellness.com.

 

12. LIMITATION ON LIABILITY

         TO THE MAXIMUM EXTENT PERMITTED BY LAW, MNHW, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITES, EVEN IF MNHW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MNHW AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO MNHW FOR THE APPLICABLE GOOD, CONTENT, OR SERVICE OUT OF WHICH LIABILITY AROSE. 

 

         You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use and the Websites would not be provided to you absent such limitations.

 

13. TERMINATION OR RESTRICTION OF ACCESS

         MNHW reserves the right, in its sole discretion, to terminate your access to any or all of MNHW’s Websites and the related services or any portion thereof at any time, without notice. MNHW may also terminate your account for inactivity or any other reason at MNHW’s sole discretion. You may report possible violations of these Terms of Use by any third party to MNHW by emailing info@madenewhealthandwellness.com

 

         MNHW and its suppliers and vendors may change or modify the information, services, products, materials, and any other resources contained on or accessible through the Websites, or discontinue the Websites altogether, at any time without notice.

 

14. INDEMNITY

         You will indemnify and hold MNHW, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

15. TRADEMARKS AND COPYRIGHTS

          Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of MNHW or the party that provided the trademarks, services marks, logos, and copyrighted works to MNHW. MNHW and any party that provided trademarks, service marks, logos, and copyrighted works to MNHW retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. 

All Contents of MNHW’s Websites, not otherwise copyrighted, are: Copyright © 2020 MNHW, Inc. All rights reserved.

 

16. COPYRIGHT INFRINGEMENT

         If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MNHW’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MNHW and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the site, including the exact URL, if applicable;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, these Terms of Use, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

          For notice of claims of copyright infringement on madenewhealthandwellness.com, MNHW can be reached as follows:

 

Made New Health and Wellness, LLC

Attn: Tamara Walters

51597 Copperfield Ridge

Granger, IN 46530

17. SECURITY

         Any passwords, if any, used for this site are for individual use only. You will be responsible for the security of your password. MNHW will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MNHW considers insecure, MNHW will be entitled to, but is not obligated to, require the password to be changed and/or terminate your account.

         You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MNHW reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. MNHW reserves the right to investigate suspected violations of these Terms of Use.

 

          MNHW reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MNHW to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS MNHW FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MNHW DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MNHW OR LAW ENFORCEMENT AUTHORITIES.

18. MISCELLANEOUS

         These Terms of Use will be governed and interpreted pursuant to the laws of the State of Indiana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of Indiana in connection with any dispute between you and MNHW arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state courts in St. Joseph County, Indiana or the federal courts in the Northern District of Indiana.

 

         If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

          You agree that no joint venture, partnership, employment, or agency relationship exists between you and MNHW as a result of these Terms of Use or your use of MNHW’s Websites.

          Resale of products, services, or information purchased or obtained in connection with the Websites is specifically prohibited.

 

         These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and MNHW with respect to MNHW’s Websites.

         Failure by MNHW to take action for a violation of these Terms of Use in no way waives MNHW’s rights to take action with respect to subsequent or similar violations.

          A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

         Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

 

         MNHW may revise these Terms of Use at any time by updating this posting. The most current revision date can be found in the third paragraph of these Terms of Use. You should periodically review these Terms of Use for any updates or changes. Your continued use of the Websites constitutes notice and acceptance of any such changes.

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