Terms AND CONDITIONS
Effective as of: [January 1, 2021]
Thank you for visiting Best Wound Practice, LLC’s (“BWP’s”) website, including but not limited to the www.bestwoundpractice.com website, as well as any online features, services and/or programs offered by BWP (collectively, the “Website”). The words “you” and “your” herein refer to each Website visitor or user and “we,” “us,” and “our” refer to BWP.
BWP is providing the Website for your personal, non-commercial use, conditioned on your acceptance of the following terms and conditions (these “Terms and Conditions”). By accessing, browsing and/or using the Website, you agree to follow and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.
ALL INFORMATION ON THE WEBSITE IS MEANT FOR USE BY MEDICAL PROFESSIONALS. RELIANCE UPON ANY INFORMATION ON THE WEBSITE IS SOLELY AT YOUR OWN RISK.
NO INFORMATION ON THIS WEBSITE SHALL BE RELIED UPON TO DIAGNOSE, TREAT, OR PROVIDE PROFESSIONAL MEDICAL ADVICE TO INDIVIDUALS SUFFERING FROM AILMENTS AND/OR CONDITIONS INCLUDING, WITHOUT LIMITATION, BURNS OR WOUNDS.
BWP DOES NOT PROVIDE MEDICAL ADVICE OR TREATMENT. DO NOT USE BWP IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 OR CONTACT A MEDICAL PROFESSIONAL IMMEDIATELY.
Please also review the Privacy Policy, as it contains important information regarding the collection and use of information that you provide through the Website.
MODIFICATION OF THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time, in our sole discretion, without notice to you. Any changes to the Terms and Conditions will be effective when posted to the Website (the effective date of the most recent Terms and Conditions appear at the top of these Terms and Conditions). We recommend reviewing the Terms and Conditions periodically, as your use of the Website following any posted revisions signifies your acceptance of the revised Terms and Conditions.
HOW TO USE BWP
BWP is a compendium of articles designed to facilitate the sharing of clinical expertise among medical professionals. It is the sole responsibility of the authors who contribute articles to BWP to ensure that the information in such articles is correct.
BWP is not for use by individual patients seeking medical treatment. BWP does not furnish professional medical services, and therefore cannot – and does not – create a practitioner-patient relationship with any Website user, in New Hampshire or any other jurisdiction.
The Website is intended for informational purposes only and should not be construed as providing specific medical advice. Nothing on the Website is intended to take the place of proper medical advice, diagnosis or treatment. You should contact your physician or other healthcare professionals directly for advice about any medical conditions or concerns.
DISCLAIMER
Materials, services, products, and other information are provided “as is” by BWP for informational purposes only.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BWP MAKES no warranties of any kind, express or implied, including but not limited to IMPLIED warranties of merchantability, fitness for any particular purpose, TITLE or non-infringement, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, AND USAGE OF TRADE.
BWP DOES NOT GUARANTY THE ACCURACY, QUALITY, completeness, OR RELIABILITY OF ANY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, NOR DOES IT WARRANT THAT SUCH ERRORS OR OMISSIONS WILL BE CORRECTED. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. BWP DOES NOT WARRANT THAT THE WEBSITE OR SERVERS THAT HOST IT ARE FREE OF VIRUSES OR OTHER HARMFUL MALWARE, THAT THEY WILL NOT EXPERIENCE PERIODS OF UNAVAILABILITY, OR THAT HACKERS WILL NOT ATTEMPT TO ACCESS THEM FOR UNAUTHORIZED PURPOSES. YOU ACCESS ANY WEBSITE CONTENT AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE ACCESS OF SUCH MATERIAL.
WEBSITE/CONTENT USE
You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise copy, display, publish, transmit, or exploit content of the Website without BWP’s prior written consent. As a condition of your use of the Website, you warrant that you will not violate any local, state, federal, or international laws in accessing or using the Website, or use the Website or any of its content for any purpose that is prohibited by these Terms and Conditions.
You may not license, sublicense, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit any of the information on the Website.
TRADEMARKS AND COPYRIGHTS
All trademarks, service marks and logos displayed on the Website are BWP or its affiliates’ registered and unregistered trademarks. BWP is the copyright owner or authorized licensee of all text and graphics contained on the Website. Nothing on the Website should be construed as granting any right or license to use any trademark or copyright without such written consent.
LIMITATIONS ON LIABILITY
In no event shall BWP be liable for any direct, indirect, incidental, special, exemplary, consequential, or punitive damages (INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA) IN CONNECTION WITH OR ARISING FROM (i) YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY OF ITS CONTENT, ANY THIRD-PARTY SITES OR CONTENT LINKED FROM THE WEBSITE, OR (ii) YOUR CONNECTIVITY WITH THE WEBSITE OR ANY THIRD-PARTY SITES LINKED FROM OR REFERENCED THEREBY.
LINKS TO THIRD-PARTY SITES
BWP may include on the Website references or links to third-party websites solely for your convenience. Any such third-party sites are not associated with or under the control of BWP. Accordingly, we cannot endorse or make any representations or warranties related to the content of such sites or any products or materials found there. BWP is not responsible for the privacy or security practices associated with such linked sites and we recommend that you review any third-party policies applicable thereto. Should you decide to access such linked sites, you do so at your own risk.
CHILDREN
The Website is not directed to or intended for children under the age of 13 and we do not knowingly collect personal information from such children without parental consent. If we find out that we have inadvertently collected personal information from a child under the age of 13, we will take steps to remove such information from our systems. If you are under the age of 13 please consult a parent or guardian for help.
INDEMNIFICATION
You agree to defend, indemnify and hold BWP, its subsidiaries, affiliates, officers, agents, other partners, and employees, harmless from any loss, liability, claim, demands, costs or expenses including, without limitation, reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
GOVERNING LAW, VENUE, AND ARBITRATION
To the maximum extent permitted by law, these Terms and Conditions are governed by the laws of the State of New Hampshire without regard to its conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Sullivan County, New Hampshire.
Any claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration before JAMS, or another arbitration association mutually agreed to by the Parties, to be held in Sullivan County, New Hampshire before a single arbitrator, in accordance with the then-current JAMS Comprehensive Arbitration Rules and Procedures which can be obtained at the JAMS website (http://www.jamsadr.com) and the Federal Arbitration Act.
TERMINATION AND ACCESS RESTRICTION
BWP reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice.
WAIVER AND SEVERABILITY
The failure of BWP to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If, for any reason, a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect.