Terms of Service (effective December 4, 2017)
We may revise these Terms of Service at any time without notice to you. It is your responsibility to review these Terms of Service periodically. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use this Site. If you have any questions about these Terms of Service, please contact us.
ALTHOUGH DR. MELNYK IS CERTIFIED AND LICENSED IN ACUPUNCTURE AND TRADITIONAL CHINESE MEDICINE, PLEASE CONSULT YOUR REGULAR LICENSED HEALTH CARE PROVIDER AS NECESSARY BEFORE YOU ALTER, SUSPEND OR INITIATE ANY CHANGE IN YOUR MEDICAL TREATMENT, MEDICATION ROUTINE OR HEALTH CARE RELATED PROCEDURE OR ACTIVITY. DO NOT DISREGARD MEDICAL ADVICE GIVEN TO YOU BY YOUR REGULAR LICENSED HEALTH CARE PROVIDER.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. MINORS MAY NOT CREATE ACCOUNTS.
As part of the Services, WOH provides an online portal to give patients general information from the Traditional Chinese Medicine (“TCM”) perspective on commonly encountered health issues. The Site does not draw diagnostic conclusions, provide personalized advice or apply the treatment recommendations to the facts of your particular situation. The basic information in the Site is not a substitute for the advice of a health professional but the Site does allow you to arrange online consultations and schedule in-office appointments for those purposes.
WOH strives to keep the health information in the Site accurate, current and up-to-date. However, for a variety of reasons, WOH cannot guarantee that all of the information on the Site is completely current or applicable to your circumstances. If you need specific TCM advice for your specific health problem, please arrange an online consultation or in-office appointment with Dr. Melnyk.
1.1 Creating Accounts. In order to create a user account that allows you to schedule an appointment or online consultation (an “Account”), you will be required to enter some personal information into the Site including, name, address, email address, and will need to create a password with at least 6 characters. You are entirely responsible for the maintaining the confidentiality of your password. By creating an Account, you represent to WOH that all of the personal information you provide is true and correct. You acknowledge and agree that we are entitled at all times to verify the information provided. WOH reserves the right to refuse or cancel your Account or your use of the Site and/or Services at any time for any reason at all.
1.3 Password Security. You may not use a third party’s account, user name or password at any time. You agree to notify WOH immediately of any unauthorized use of your Account, user name or password. WOH shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by WOH, our affiliates, managers, employees, consultants, agents and representatives due to someone else’s use of your account or password.
2.1 Online Orders. When placing an order on our Site through the links in the Shop section, you are effectively offering to purchase whatever products and Services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
2.2 Payment Terms. All applicable prices are set forth alongside the products and Services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set out in the Site and those terms shall govern the promotion in the event of a conflict with other provisions in the Site. You will be responsible for the prices stated at the time of your transaction, as well as any: (a) sales, use, excise, and related taxes; and (b) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. ALL SALES ARE FINAL. NO PRODUCTS MAY BE RETURNED FOR REFUND.
2.3 Your Representations. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying products or services from the Site for solely your own use, and not for resale or export.
2.4 Manufacturer’s Warranty & Products Disclaimer. We do not manufacture (or direct the manufacture of) any of the products offered on our Site in any way. The availability on our Site of products does not constitute an affiliation with or endorsement of any of the products or their manufacturer. As such, subject to applicable law, we are providing the products to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with the products. You acknowledge and agree that under no circumstances shall WOH be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
2.5 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL WOH’S OBLIGATION OR LIABILITY FOR PRODUCTS PURCHASED ON THIS SITE EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY PRODUCTS. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
3.1 Ownership. This Site is owned and operated by WOH. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by WOH or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Service, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of WOH’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted here are reserved.
3.2 Limited Permission to Download. WOH grants you permission to download, view, copy and print the Materials found on WOH on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (a) the copyright and trademark notice appearing below appears in such Materials, (b) the Materials are not used on any other website nor in a networked computer environment and (c) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
4.1 Disclaimer. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WOH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WOH MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.
4.2 Limitation of Liability. IN NO EVENT SHALL WOH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), UNDER ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE, ANY SERVICE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF WOH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF WOH TO YOU IS $10 OR THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
You agree to defend, indemnify and hold harmless WOH, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials. This section shall survive the termination of your Account or cessation of use of this Site. WOH reserves the right to control the defense of any claim for which we are entitled to indemnification. If that happens, you agree to cooperate with us as we reasonably request.
6.1 Compliance. When accessing the Site, you agree to obey the law respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your WOH user account.
6.2 DMCA Notice. If you believe that any Content on the Site is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act.
6.3 Inappropriate Content. When accessing the Site or using WOH’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for products or services. WOH reserves the right to terminate or delete such material from its servers. WOH will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
7.1 Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in the Circuit Court for Cook County or the U.S. District Court for the Northern District of Illinois, Eastern Division, both sitting in Chicago. You and WOH agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Service expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
7.2 Acknowledgement. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.