By accessing any web sites of HEALTHWISE Corporation or its subsidiaries (collectively “HEALTHWISE” or “Seller”) or otherwise indicating acceptance as set forth below, you are agreeing to the following terms and conditions (as modified from time to time), and each time that you access HEALTHWISE you reassert your agreement. If you do not agree with these terms and conditions, then you may not access or use HEALTHWISE.com or any other HEALTHWISE web site.

  1. Password
    In order to access certain HEALTHWISE e-commerce websites, you must present a valid password and user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use in accessing HEALTHWISE and ordering product via HEALTHWISE. You agree not to challenge the validity or enforceability of any order made via HEALTHWISE with your password. You must not disclose your password to any person who is not authorized to use the password on your behalf. You will be solely responsible for all unauthorized use of your password by your employees or third parties, except where caused solely and directly by HEALTHWISE’s negligence. HEALTHWISE highly recommends that you change your password periodically, and that you change your password immediately when you have reason to believe that your password security has been compromised.
  2. Disclaimer
    USE OF HEALTHWISE’S E-COMMERCE WEB SITE IS ON AN “AS IS” BASIS AND HEALTHWISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE OR RELATED PRODUCTS. HEALTHWISE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HEALTHWISE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE HEALTHWISE WEB SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
  3. Limitation on Use
    Buyer hereby acknowledges that Products are not intended for use in life support systems, critical care applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage. HEALTHWISE hereby disclaims any liability or responsibility for risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products.
  4. Limited License
    The information and databases provided to you via certain HEALTHWISE e-commerce web sites is licensed to you by HEALTHWISE for your use only in the ordinary course of your business for your review, selection and purchase of products from HEALTHWISE. This license is non-exclusive, non-transferable, and may be terminated by HEALTHWISE with or without cause at any time.
  5. Limitation of Liability
    Except as specifically stated herein, neither HEALTHWISE nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of any HEALTHWISE web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Except as specifically stated herein, neither HEALTHWISE nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of any HEALTHWISE web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

IN NO EVENT SHALL HEALTHWISE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO BUYER’S USE OF ANY HEALTHWISE WEB SITE OR HEALTHWISE’s PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF HEALTHWISE OR OTHERWISE. HEALTHWISE’s LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT HEALTHWISE’s OPTION.

  1. Modification
    HEALTHWISE may modify the information and functionality of any HEALTHWISE web site at any time. HEALTHWISE reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time, and you agree to be bound by such modifications, alterations or updates. Any modifications, alterations or updates to these Terms and Conditions will be available to you on HEALTHWISE’s website, and you agree to regularly check HEALTHWISE’s website for new versions of these Terms and Conditions.

BY ACCESSING ANY HEALTHWISE WEB SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.