Terms and Conditions of Use

Last Updated: March 1, 2024

Your Use of this Website is Governed by these Terms and Conditions

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Michigan Health and Wellness, a Michigan corporation with offices at 3337 W. South Airport Rd. Suite 2, Traverse City, Michigan 49684(“MHW”) and you (“you,” “your,” or “User”). This Agreement contains the terms and conditions that govern your use of this website.

By accessing or attempting to interact with any part of this website or other MHW software, services, websites, or any of mhw licensees’ services (collectively “services”), you agree that you have read, understand, and agree to be bound by this agreement. If you disagree to be bound by this agreement, do not access or use any part of this website.

MHW reserves the right, with or without notice to you, from time to time, to make changes to this agreement at MHW’s sole discretion. Continued use of any part of this website constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the terms of use hyperlink at the bottom of every page on this website.

There is no implication that the materials published on MHW’s website(s) are appropriate for use outside the United States. If you access this website from outside the United States, you do so on your initiative and are responsible for compliance with local laws. Additionally, this website is published in English, and we are not responsible for translation errors.

Access To This Site

To access this site or some of the resources it offers, you may be asked to provide specific 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 MHW believes the information you provide is not accurate, current, or complete, MHW 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.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. As a condition of your use of MHW’s website(s), you warrant to MHW that you will not use the website(s) 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) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of MHW.

For purposes of these Terms of Use, co-branding 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 MHW to prevent or remedy any unauthorized use. In addition, you may not use MHW’s website(s) in any manner that could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). 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 website(s).

Personal and Non-Commercial Use Limitation

MHW’s website(s) are for personal and non-commercial use unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without MHW’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 MHW’s website(s) unless expressly permitted by these terms.

Proprietary Information

The material and content accessible from this site and any other website owned, operated, licensed, or otherwise controlled by MHW (the “Content”) is the proprietary information of MHW or the party that provided or licensed the Content to MHW 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 MHW. You may not remove, 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. Modifying or using the Content except as expressly provided in these Terms of Use violates MHW’S intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

From time to time, the website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of MHW’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website.

MHW respects the intellectual property of others and asks you to do the same. If you or any user of this Website believes a posting has infringed its copyright, trademark, or other property rights on this Website, you or the user should send a notification to MHW immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Information reasonably sufficient to permit MHW to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit MHW to locate the materials;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Under the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), MHW Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat copyright infringers or users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Ryan Frusti, assigned agent
[email protected]

Links to Third-Party Websites

This site may link to other sites which are not maintained by, or related to, MHW. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or MHW. MHW has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and MHW makes no representations or warranties about the content, completeness, or accuracy of the sites linked to or from this site. You expressly hold MHW harmless from all liability related to your use of a third-party website.

MHW provides links as a convenience, and including any link to a third-party site does not imply endorsement by MHW of that site or any association with its operators.

Disclaimer

MHW has made every effort to ensure that all information on the website has been tested for accuracy. MHW makes no guarantees regarding the results you will see from using the information provided on the website.

The website was developed strictly for informational purposes. You understand and agree that you are fully responsible for using the information provided on the website. MHW makes no representations, warranties, or guarantees. You understand that results may vary from person to person. MHW assumes no responsibility for errors or omissions that may appear on the website.

This website has been created to provide information about functional healthcare services. It is for general informational purposes regarding functional health care that should never be construed as medical advice for any person, including MHW patients. Nothing on this Website is intended to substitute for professional medical advice, diagnosis, or treatment.

You understand that MHW 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. The website is provided “as is” and “as available” without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for data input and output accuracy and for maintaining a means external to this site for any reconstruction of any lost data. MHW does not assume any responsibility or risk for your Internet use.

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 MHW.

Your use of this site is at your own risk. The content is provided as is and without warranties of any kind, either expressed or implied. MHW disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. MHW 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 is free of viruses or other harmful components. MHW does not warrant or make any representation regarding the content’s use or the result of use in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and MHW may make changes or improvements at any time. You, and not mhw, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from using this site or its content. MHW makes no warranties that your use of the content will not infringe on the rights of others and assumes no liability or responsibility for errors or omissions in such content.

All of the information on this site, whether historical or forward-looking, speaks only as of the date the information is posted on this site, and MHW does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

Limitations on Liability

MHW, 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, EVEN IF SME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination or Restriction of Access

MHW reserves the right, in its sole discretion, to terminate your access to any or all of MHW’s websites and the related services or any portion thereof at any time without notice. You are specifically restricted from all of the following without written approval from MHW:

Publishing any Website material in any other media
Selling, sublicensing, and/or otherwise commercializing any Website material
Publicly performing and/or showing any Website material
Using this Website in any way that is or may be damaging to this Website
Using this Website in any way that impacts user access to this Website
Using this Website contrary to applicable laws and regulations or in any way may cause harm to the Website or to any person or business entity.
Engaging in any data mining, data harvesting, data extracting, or any other similar activity with this Website
Using this Website to engage in any advertising or marketing

Certain areas of this Website are restricted from being accessed by you, and MHW may further restrict your access to any areas of this Website at any time, at your absolute discretion.

Indemnity

You will indemnify and hold MHW, 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 attorneys’ 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 from your use of the information accessed from this site.

Trademarks and Copyrights

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including, without limitation, Michigan Health and Wellness and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts, are copyrighted works of MHW and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MHW. From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third-party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or Copyright without the express written permission of MHW. Misusing the Trademark or Copyrighted works displayed on this site or any other content is strictly prohibited and may expose you to liability.

Miscellaneous

These Terms of Use will be governed and interpreted according to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You expressly consent to personal jurisdiction in Michigan concerning any dispute between you and MHW arising out of these Terms of Use or pertaining to the subject matter hereof.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable. It 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 MHW as a result of this agreement or use of MHW’s websites.

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 MHW concerning MHW’s websites.

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

You may not assign the Terms of Use without our prior written consent. However, the Terms of Use may be assigned by us at our sole discretion.

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

MHW may revise these Terms of Use by updating this posting.

Additional Assistance

If you do not understand any of the foregoing Terms of Use, if you would like to inquire about obtaining permission to copy or otherwise use the Contents, if you believe any of the Content infringes your or another party’s rights, or if you have any questions or comments, we invite you to contact us by email at [email protected] or by phone at (231) – 421-5213