Terms of Use
INTERWELL LEARNING TERMS OF USE
This website is owned and operated by InterWell Health Partners, Inc., (“Interwell,” “we” or “us”). Interwell Learning provides a subscription service that allows our subscribers to access patient educational materials which may be streamed over the Internet (“Interwell Streamed”) and provided in printed notebooks (“Interwell Print”).
You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Policy (https://www.interwellhealth.com/privacy-policy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
As used in these Terms of Use, "Interwell Learning Service", "our service" or "the service" means the service provided by Interwell for watching Interwell Learning Content via Interwell Streamed. In addition, you may separately purchase Interwell Print materials in accordance with the price list in effect from time to time.
SUBSCRIPTION
1.1 You agree to provide Interwell with the names, addresses, email addresses, and phone numbers of the primary contact at your practice. (“Account Owners”) If an Account Owner requires removal you agree to promptly notify Interwell of the change of authority.
1.2 Interwell may monitor your access to Interwell Streaming and may remotely disable Interwell Streaming if you violate these Terms of Use.
1.3 You agree that Interwell owns all rights, titles, and interests in the copyrights and trademarks in the Interwell Streamed content, Interwell Print, and Interwell Learning Service.
1.4 You agree to these Terms of Use which include the WooCommerce Use Terms (https://woocommerce.com/terms- conditions).
BILLING AND CANCELLATION
2.1. The annual fee for the Interwell Service will be charged annually. You may be required to use a credit card for online purchases of print materials. If you request training in addition to the initial on-boarding training that is provided with your initial subscription, you will be required to pay separately for that training at published prices.
2.2. You can cancel your Interwell subscribership at any time, and you will continue to have access to the Interwell Learning Service through the end of your subscription. To cancel, contact Interwell at InterwellLearning@interwellhealth.com. If you cancel your subscribership, your account will automatically close at the end of your current subscription period. To see when your account will close, contact Interwell at InterwellLearning@interwellhealth.com
2.3. We reserve the right to change our subscription plans or adjust pricing for our service or any components. Except as otherwise expressly provided in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you and the expiration of the then current subscription term.
2.4. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of the subscription.
INTERWELL LEARNING SERVICE
3.1. During your Interwell subscribership, we grant you a limited, non-exclusive, non-transferable right to access the Interwell Learning Service and view Interwell content through the service. Except for the foregoing, no right, title or interest in any Interwell Learning Raenali copyrighted works or trademarks shall be transferred to you. You agree not to use the service for public performances.
3.2. The Interwell Learning Service, including the content library, may be updated by Interwell from time to time, or monthly, by Internet downloads.
3.3. You agree to use the Interwell Learning Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, copy, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Interwell Learning Service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Interwell Learning Service; use any robot, spider, scraper or other automated means to access the Interwell Learning Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Interwell Learning Service; insert any code or product or manipulate the content of the Interwell Learning Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Interwell Learning Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
3.4. The Account Owner who created the Interwell account and whose Payment Method is charged has access and control over the Interwell account and Interwell Streaming that are used to access our service and is responsible for any activity that occurs through the Interwell account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over Interwell Streaming, and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account including names, addresses, email addresses, and phone numbers. We can terminate your account or place your account on hold in order to protect you, Interwell or our customers from identity theft or other fraudulent activity. Interwell is not obligated to credit or discount a subscribership for holds placed on the account by either a representative of Interwell or by the automated processes of Interwell.
3.5. The quality of the display of the Interwell Streaming may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The minimum connection speed is 3 Mbps, however, we recommend a faster connection for improved video quality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Interwell makes no representations or warranties about the quality of your watching experience on your Interwell ready devices. The time it takes to begin watching Interwell Streaming will vary based on a number of factors, including your location, available bandwidth at the time, and the Interwell Streaming you have selected.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
4.1. THE INTERWELL LEARNING SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INTERWELL LEARNING SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. INTERWELL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INTERWELL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. INTERWELL SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS.
4.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL INTERWELL, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
4.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
4.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
MISCELLANEOUS
5.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws provisions.
5.2. Feedback. Interwell is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Interwell Learning Service, including the Interwell website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Interwell Learning Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
5.3. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact us at InterwellLearning@interwellhealth.com. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.
5.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
5.5. Changes to Terms of Use and Assignment. Interwell may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity.
5.6. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, including without limitation via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
5.8. Indemnity. You agree to defend, indemnify and hold harmless Interwell from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach of these Terms of Use; (ii) your mis-use of the Interwell Learning Service; or (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities. Interwell reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Interwell’s defense of any claim, and you will not in any event settle any such claim without the prior written consent of Interwell.