Changes to the Program
We have the right to modify restrict limit or change the Program in any way and at any time. Changes may include but are not limited to: changing the participating vendors; changing the specific details requirements or qualifications of a Discount Offer; adding or removing Discount Offers; changing the duration of any Discount Offer; and changing these Terms and Conditions. We will notify the Business and Cardholders of material changes to the Program and/or to these Terms and Conditions by notice provided on the program website at http://www.wellcardsavings.com (the "Program Website") and you should check the Program Website from time to time for such changes. We also reserve the right at any time to suspend or cancel the Program. We also reserve the right to suspend or cancel any Business' and/or Cardholder's enrollment in the Program without notice unless required by applicable law including without limitation where we believe you are abusing or wrongfully using the Program. Vendors may also suspend or cancel the ability of Business and/or any Cardholder to qualify for a discount for any transaction at that Merchant without notice unless required by applicable law.
While enrolling in the Program on the Program Website the Business and/or each Cardholder will be required to provide an email address and select a password that must be entered in order to access the Program Website. The Business and/or Cardholder as applicable will receive a confirmation message at time of enrollment if Competitive Health approves enrollment of the WellCard Savings Card(s) in the Program. The Cardholder is responsible for ensuring and protecting the security of passwords and for any activity conducted at the Program Website through its email addresses and associated passwords.
This site does not provide medical advice, nor recommend or endorse any of the health care providers responding to inquiries submitted through the site. WellCard Savings does not evaluate whether any health care provider accessible through this site possesses the education, experience, licensing requirements or competency to provide health care required to meet your needs. WellCard Savings does not recommend or endorse any health care provider accessible through this site in any capacity. While this site matches health care providers who have indicated an ability to assist you with your health care needs, the selection of a health care provider and the evaluation of the provider’s ability to fully and competently meet your needs is your decision for which you assume all responsibility. Reliance on any information obtained from the use of this site or from any of the health care providers accessed through this site is solely at your own risk.
The content of this site, including all text, graphics, images, information and other material (“Content”) contained on the site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Content is for general informational purposes only and is not to be taken as medical advice or treatment information. While WellCard Savings strives earnestly to update the Content, any individual reliance on the Content is at your own risk.
Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay seeking it because of something you’ve read on any website.
Communications with Program Participants
The Program Website will present information regarding current Discount Offers at the Vendor Discount Offer web page.
By using the Program Website we may make electronic communications to you including through emails and/or postings to the Program Website (and mobile-based communications such as SMS messages if you opted-in to receive such mobile-based communications). All electronic communications from us to you shall be deemed to be communications "in writing" and deemed delivered to you no later than the earlier of the date actually received or five days from the date of posting or dissemination.
By enrolling in the WellCard Savings Card Program you agree to advise us of any changes in the email address(es) for the Business and/or Cardholders by updating the profile on the Program Website. If you would like to retain a copy of these Terms and Conditions please print a paper copy.
You may elect to receive information of a promotional nature about the Program via email by so indicating on the profile on the Program website or in connection with Program enrollment. If you elect to receive such promotional information we may from time to time send you promotional emails containing selected Discount Offers or other offers from select vendors to the respective email address(es). If you would like to change your election to receive these promotions at any time please visit the Program Website to update your profile or use the unsubscribe link or address contained within each promotional email.
In addition you may elect to receive mobile-based communications (such as SMS messaging) related to your Program account and/or promotional messages by so indicating on the Business' Program profile or in connection with Program enrollment. We will send mobile-based messaging (Program-related and/or promotional in nature depending on the election) directly to the mobile telephone number(s) you provide in connection with your election. To receive these mobile-based communications you must maintain at your own cost a mobile telephone capable of sending and receiving text messages. Standard text message rates apply to each text message sent and received in connection with this feature. Please see your wireless provider for pricing plan details. If you would like to change your election to receive these mobile-based communications at any time please visit the Program Website to update your profile or follow the unsubscribe information contained in each mobile-based message. Please allow sufficient time for us to process your request.
Use of Content
The Content is protected by copyright under United States and foreign laws. Title to the Content remains with WellCard Savings or its licensors. WellCard Savings authorizes you to view or download a single copy of Content solely for your personal, noncommercial use. You may make a copy of the Content solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2016, WellCard Savings, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content on any such copy. You may not modify or distribute the Content nor otherwise use or copy the Content, without the express written permission of WellCard Savings.
Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may infringe on WellCard Savings’s or its licensors’ copyright, or trademark rights, or violate other laws. If you use any of the Content in a manner not expressly permitted, your permission to use the Content automatically terminates and you must then destroy any copies (whether in downloaded or tangible copy form) you have made of the Content.
Disclaimer of Liability of WellCard Savings and Its Licensors
The use of the site and its Content is at your own risk. WellCard Savings does not guarantee the accuracy of the Content. WellCard Savings disclaims all liability or responsibility for injury or impairment experienced by you if you utilize any of the health care providers accessed through this site.
When using the site, information is transmitted over the Internet, a medium which is beyond the control of WellCard Savings. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.
The site and the Content are provided on an “as is” basis. WellCard Savings and its licensors, to the fullest extent permitted by law, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchant ability, non-infringement of third party rights, and fitness for a particular purpose.
In no event shall Competitive Health, Inc., its affiliates or any of its directors officers employees agents or subcontractors (collectively "CHI Parties") be liable under any theory of tort contract strict liability or other legal theory for lost profits lost revenues lost business opportunities exemplary punitive special incidental indirect or consequential damages each of which is hereby excluded by agreement of the parties regardless of whether such damages were foreseeable or whether any party or any entity has been advised of the possibility of such damages. CHI Parties are not liable for any injury damage or loss to person or property or any expense accident or inconvenience that may arise from your participation to the Program or the use of products or services purchased through Qualifying Purchases.
Specifically, WellCard Savings makes no representations or warranties about the following:
- The education, experience, licensing status or competency of any of the health care providers responding to inquiries to provide the health care needed to meet your needs.
- The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.
- The satisfaction of government regulations requiring disclosure of information on medical services with regard to the Content contained on the site.
In no event will WellCard Savings be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any health care provider accessed through this site, whether based on warranty, contract, tort, or any other legal theory and whether or not WellCard Savings is advised of the possibility of such damages.
In no event shall WellCard Savings, its licensors, or any third party(ies) mentioned on the site be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not WellCard Savings is advised of the possibility of such damages. WellCard Savings is not liable for any personal injury, including death, caused by the use or misuse of the site or the Content.
WellCard Savings is not responsible for any error malfunction or problem of any kind whether human mechanical typographical printing network or electronic relating to or in connection with this Program including without limitation errors malfunctions or problems which may occur in connection with the administration of the Program the processing of Qualifying Purchases and/or discounts or the presentation of Discount Offers. Persons found tampering with or abusing any aspect of the Program as solely determined by Competitive Health, Inc. will be removed from the Program and all associated Qualifying Purchases and/or discounts will be cancelled and voided.
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.
Registration and Purchases
Registration on WellCard Savings.com is free for cardholders, health care professionals, and services. Registration constitutes the creation of a Profile by providing Registration Data to WellCard Savings.
You agree to defend, indemnify, and hold harmless WellCard Savings and Competitive Health, Inc,, its officers, directors, employees, agents, licensers, and suppliers from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these Terms and Conditions of Use.
WellCard Savings makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with or in any way relating to your use of the WellCard Savings site, resides in the Courts of State of California, and further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of California in connection with any dispute including any claim involving WellCard Savings or Competitive Health, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the State of California, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement Except as Expressly Provided in a Particular “Legal Notice” on the Site
These Terms and Conditions constitute the entire agreement between you and WellCard Savings with respect to the use of the WellCard Savings site and Content. Your use of the site is also subject to the disclaimers and policies posted herewith.
All content posted on this site is commentary or opinion. This website is not a website that gives or attempts to give medical advice. THIS WEB SITE IS NOT DESIGNED TO, AND DOES NOT PROVIDE MEDICAL ADVICE. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind.
WELLCARD SAVINGS assumes no responsibility for the use or misuse of this material.
WELLCARD SAVINGS makes no representations about the suitability of the information contained on this web site for any purpose. This web site and all of the information it contains is provided “as is” without warranty of any kind whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby expressly disclaimed. In no event shall WELLCARD SAVINGS be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages arising out of or in connection with the use of this web site or any other web site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information even if WELLCARD SAVINGS has been specifically advised of the possibility of such damages whether based on contract, tort, strict liability or otherwise. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
WELLCARD SAVINGS shall not be responsible for any errors or omissions contained in this web site and reserves the right to make changes without notice. User therefore acknowledges and accepts that the information published on this web site may include technical inaccuracies or typographical errors.
Nothing on this web site shall be construed as conferring any license under any of WELLCARD SAVINGS or any third party’s intellectual property rights, whether by estoppels, implication, or otherwise.
Links to Third Party Sites
The hypertext links on this web site will allow you to leave this web site. The links are provided as a service to users and are not sponsored by or affiliated WellCard Savings this web site or under the control of WELLCARD SAVINGS. The links are to be accessed at the user’s own risk, and WELLCARD SAVINGS and the authors of this web site make no representation or warranties about the content of these links. WELLCARD SAVINGS is not responsible for the content of any linked site or any link contained in a linked site. WELLCARD SAVINGS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WELLCARD SAVINGS of the site.
Competitive Health, Inc. may share aggregated information about cardholders enrolled in the Program; provided however that the information shared will not personally identify any cardholder.
As a part of the Program transaction information will be shared between the participating vendors and Competitive Health (and/or their respective service providers) in order to generally make the Program available to you. In addition, certain information about your clickstream activity and additional transaction information may be shared between the vendors and Competitive Health on either an aggregate (non-personally identifiable) or a personally identifiable basis and such information will be subject to each party's respective privacy policies and practices.