Terms and Conditions Of Use

This web site (the "Site"), and all information provided by Diversity Wellness or its affiliates (collectively, the "Company") through this Site (collectively, the "Services"), are offered to employees, their spouses and adult dependents over the age of 18 of the licensing company, on the condition that you accept without modification the following terms, conditions and notices. Your use of this Site, the Services or of any information provided by the Company as a result of your use of this Site constitutes your agreement to all of the following terms, conditions and notices. In order to access this Site and the Services, you must agree to these Terms of Use. Please read these Terms of Use carefully.

The Company has established the following Terms of Use to outline the rights and responsibilities of users of our Site and the Services. Our policies are designed to ensure that all users have a safe and productive experience.

The Company may update and change these Terms of Use from time to time without notice to you. You are responsible for periodically reviewing these Terms of Use to make sure you are still in agreement to abide by them. By using or accessing the Site or the Services or engaging in any of the activities described in these Terms of Use after changes have been made to the Site, Services or these Terms of Use, you are agreeing to accept those changes.

Authority

You agree that you have the legal right and ability to agree to these Terms of Use and that you will use the Site and the Services in a manner consistent with these Terms of Use.

Your Conduct

You agree to use the Site and the Services only for lawful purposes.  The Company reserves the right to prohibit access to those individuals whom the Company determines are restricting or inhibiting any other user from using or enjoying the Site, or whose conduct would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. Please note that unauthorized entry (commonly referred to as hacking) into any portion of the Services or the Site may constitute a crime under state or federal law. the Company will prosecute these violations to the fullest extent permitted by law.

Changes; Terminations

The Company and its suppliers or vendors may change or modify the Site or Services at any time without notice to you. The Company, in its sole discretion, reserves the right to terminate your use of this Site or the Services at any time and without notice to you.

E-Mail Communications

The Company, through the Services, may contact you by e-mail to:

• respond to any questions you may send us,
• send you e-mail communications about information we think you will find useful--including announcements about new products and services at the Site, or
• communicate other information as necessary to administer the Site and its Services.

Please note that when you contact us by e-mail, such communication may not be entirely secure because it travels over unsecure communication lines. As a result, you should not provide us with confidential or personal information via e-mail.

Protecting Your Information

The Company is not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Moreover, if others have access to your computer, handheld device, or your user ID and password, they may be able to access information you have retrieved from the Services. the Company is not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to the Services (including, but not limited to, your user ID, passwords, other registration information, e-mails, order information, or any other information) confidential and in a safe place. Please see our Privacy Policy for additional information.

Links to Other Web Sites

The Site or the Services may occasionally provide links to other web sites that we think might be of interest to our users. Inclusion of these links is not intended to reflect the importance of these other sites or to endorse any of the views expressed in, or products or services offered by these other sites.

Please note that when you click on one of these links, you may be moving to another company's web site. The Company cannot control the activities of any such company. We encourage you to read the terms of use and privacy statements of these linked sites as their policies may differ from ours. You access and use these and any other sites, including the information, services, products, materials or any other resources contained on them, solely at your own risk.

Limitation of Liability

BY ACCESSING THIS SITE OR THE SERVICES, YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST THE COMPANY AND ALL THIRD PARTY CONTENT PROVIDERS REGARDING THE INFORMATION PROVIDED THROUGH THE SERVICES OR THIS SITE AND ANY USE OF SUCH INFORMATION BY YOU.YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, THE SERVICES OR THEIR CONTENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THIS SITE OR THE SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE GOODS OR SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF THE SERVICES AND THE SITE. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, TEST, PROCEDURE, OR SERVICE CONTAINED IN THE INFORMATION PROVIDED THROUGH THE SERVICES.

THE COMPANY?S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE OR ANY SERVICES IS YOUR CESSATION OF THE USE OF THIS SITE AND ANY AND ALL SERVICES. IN NO EVENT SHALL THE COMPANY?S LIABILITY EXCEED $1,000. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE COMPANY CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE OR THE SERVICES.

You acknowledge and agree that the limitations set forth above are fundamental elements of your agreement with the Company and the Site and the Services would not be provided to you without such limitations.

Disclaimers

THE INFORMATION CONTAINED IN THE SERVICES AND THE SITE IS COMPILED FROM A VARIETY OF SOURCES ("INFORMATION PROVIDERS"). NEITHER THE COMPANY NOR ITS INFORMATION PROVIDERS DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES AS PART OF THE SERVICES OR THE SITE. REGARDING CONTENT ON THIS SITE OR THE SERVICE THAT IS PROVIDED BY THE INFORMATION PROVIDERS OR USERS, THE COMPANY IS A DISTRIBUTOR AND NOT A PUBLISHER OF SUCH CONTENT AND HAS NO EDITORIAL CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF THE COMPANY.

ALTHOUGH THE COMPANY USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THIS SITE, THE COMPANY AND ITS INFORMATION PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT ON THIS SITE OR THE SERVICES. THE INFORMATION CONTAINED ON THIS SITE AND SERVICES IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THIS SITE AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND THE INFORMATION PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE OR THE SERVICES WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH.

THE INFORMATION PROVIDED IN THIS SITE OR THE SERVICES DOES NOT CONSTITUTE FINANCIAL, LEGAL OR MEDICAL ADVICE. THE COMPANY MAKES NO REPRESENTATION REGARDING THE ACCURACY OR IMPORTANCE OF ANY INFORMATION REFERENCED HEREIN. INFORMATION RECEIVED VIA THIS SITE, THE SERVICES OR ANY NEWSLETTER SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Medical and health related information on this site is provided for educational purposes only and is not intended as a substitute for professional medical advice. This site does not address all possible uses, actions, precautions, side effects, or interactions of drugs, nor does it provide comprehensive information concerning any particular disease or medical condition. the Company recommends that all individuals consult with a physician before following the recommendations of any content provided on this site. If you have any questions about the risks or benefits of taking a particular drug or about a specific health condition, you should consult a physician. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of something that was read on this Site.

Your use of this Site and the Services is also subject to all additional disclaimers and caveats that may appear throughout the Site or Services.

Indemnification

You agree to indemnify and hold the Company and its information providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit to the Company through the Services, your use of the Site or the Services, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another user.

Entire Agreement; Jursidication and Choice of Law and Forum, Arbitration

These Terms of Use constitute your entire agreement with the Company regarding the Site and the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and the Company with respect to the Site or the Services. The Site or the Services may not comply with legal requirements of foreign countries, therefore the Site, its contents, and the Services are intended only for access and use by United States residents and are presented solely as a service to visitors and subscribers located in the United States of America and its territories. These Terms of Use are governed and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with the Company, its employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site or the Services resides in the U.S. District Court for the District of Arizona (if federal jurisdiction exists) or the courts of the State of Arizona and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use.

Severability

If a court determines that any one Term of Use is illegal or unenforceable, then such term will be eliminated and the remaining Terms of Use will remain in force and effect.

Copyright / Trademark; Limited End Use License

This Site is owned and operated by the Company. This Site and the Services may contain copyrighted works and trademarks and other proprietary material owned by the Company or its information providers. If no restrictions are displayed, you may download and make copies of select portions of the materials contained on this Site and the Services only for your own personal use. However, except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from this Site or the Services without the express written permission of the Company or its information providers. You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from this Site or the Services without the express written permission of the Company or its information providers. You may not create derivative works, whether based in whole or in part upon the information on this Site, the Services, or any portion thereof, except as expressly authorized. You may not modify, amend, reduce the size of or in any way obliterate any warning, notice, liability limitation, or other license provision in material or images on or from this Site or the Services and provided by the Company for itself or other content providers. You may not assign, sublicense, transfer, pledge, lease, rent or share your rights under these Terms of Use, unless otherwise agreed to in writing by the Company. Nothing contained on this Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Company trademarks or copyrighted material of the Company or any third party without the express written permission of the applicable party.

Survival

In the event of termination of this Agreement, the limitations on liability, disclaimers, and copyright and trademark provisions shall survive.

Effective Date

These Terms of Use were last updated June, 2010.