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WelvieSM Terms of Use: Our User Agreement

Please read this user agreement before using our services or our product.

By using this Welvie Product or any related tools, products or services (collectively, the "Product"), you signify your acceptance to this User Agreement. If you do not agree to all of the Terms, please do not use our Product. The Product includes but is not limited tools, processes, products, content, links, software, text or services.

Welvie, LLC may revise, modify or amend this User Agreement at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the Product or notifying you. You agree to review this User Agreement periodically to ensure that you are aware of any changes. Your continued use of this Product will mean you accept those changes.

Welvie reserves the right at any time to modify or discontinue, temporarily or permanently, all or any part thereof, or our Content, with or without notice.

Use of Product

Welvie authorizes you to view or download copies of the material on the Product solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2019, Welvie, Inc. All rights reserved." and other copyright and proprietary rights notices that are contained in the Product. Any special rules for the use of certain software and other items accessible on the Product may be included elsewhere within the Product and are incorporated into this User Agreement by reference.

The Product is protected by copyright under both United States and foreign laws. Title to the Product remains with Welvie. Any use of the Product not expressly permitted by the User Agreement is a breach of the User Agreement and may violate copyright, trademark and other laws. The Product is subject to change or termination without notice at the editorial discretion of Welvie. All rights not expressly granted herein are reserved to Welvie.

If you violate the User Agreement, your permission to use the Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Product.

Liability of Welvie

The use of the Product is at your own risk.

When using the Product, information will be transmitted over a medium that may be beyond the control and jurisdiction of Welvie. Accordingly, Welvie assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Product.

The Product is provided on an "AS IS" basis. WELVIE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Welvie makes no representations or warranties about the following: (1) accuracy, suitability, adequacy, reliability; errors and omissions, or completeness of the Product; (2) the data transmission to or from the Product will not be delayed, interrupted or experience losses of data; (3) the files available for downloading from the Product will be free from infection from code with destructive properties; and (4) satisfaction of any government regulations requiring disclosure of information or compliance of any software tools with regard to the Product.

In no event shall Welvie, or any third parties mentioned on the Product, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Product, whether based on warranty, contract, tort, or any other legal theory, and whether or not Welvie is advised of the possibility of such damages. Welvie shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500. Welvie is not liable for any personal injury, including death, caused by your use or misuse of the Product. Any claims arising in connection with your use of the Product must be brought within one (1) year of the date such action occurred. Remedies under the User Agreement are exclusive and are limited to those expressly provided for in the User Agreement.

The Product Does Not Provide Medical Advice

The contents of this Product, such as text, graphics, images, worksheets, Welvie Journal items, products, services and other material contained on the Product is provided by Welvie for informational purposes only. Nothing contained in the Product is intended to be medical advice or instructional for medical diagnosis or treatment. The health information furnished on this Product is not intended to be complete, to suggest or recommend a course of treatment or to replace personal consultation with a qualified health care professional.

Always seek the advice of a licensed physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining professional medical advice from your doctor or other qualified health provider because of something you have read on this Product.

If you are in the United States and think you may have a medical emergency, call your doctor or 911 immediately.

Welvie does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that is mentioned on the Product. Reliance on any information provided by Welvie, Welvie employees, others using the Product at the invitation of Welvie, or others using the Product is solely at your own risk. The Product may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Product.

Children’s Privacy

We are committed to protecting the privacy of children. Neither Welvie nor any of its services are intended or designed to attract children under the age of 18. A parent or guardian, however, may use Welvie for a minor. The parent or guardian is solely responsible for providing supervision of the minor's use of Welvie. The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through Welvie for the minor.

Health Plan or Employer

If you are accessing Welvie through your Health Plan or Employer’s Web site, the Plan or Employer may have a separate registration process in addition to the Welvie registration. Welvie encourages you to read your Plan’s or Employer’s disclosure statement, which may include, among other things, a description of their business practices relating to collection and use of your personal data.

Passwords

Welvie allows you to record and store information on a voluntary basis on servers maintained by Welvie or on its behalf. The Welvie Product is structured to allow access only to registered visitors who have a valid email address and password.

When registering for Welvie, you will establish a personal Welvie account with your own unique password. You agree to maintain the security of your email address, password and other confidential information relating to the use of your Welvie account and to be responsible for any and all charges resulting from use of your Welvie account. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Welvie passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Welvie account and password; (3) promptly change your account password on the Welvie site You grant Welvie and all other persons or entities involved in the operation of the Product the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Product. Welvie cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Welvie Product.

Searched and Links to Other Sites

Welvie may provide links to third-party Web sites. Welvie does not recommend and does not endorse, and has no control over the content on any third-party Web sites. Welvie is not responsible for the content of linked third-party sites, sites framed within the Product, third-party sites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites. Welvie does not endorse any product advertised on the third-party sites. Welvie is not responsible or liable for any loss or damage of any sort incurred as a result of your dealings on a third-party site.

Trademarks

Welvie owns the names we use for our products and services on the Product, and these names are protected by trademark laws in the U.S. and internationally. An ® following a name on our Product indicates that the trademark has been registered in the United States. All trademarks are the property of their respective owners. Any uses of our trademarks require our prior written approval.

Termination of Service

You agree that if you violate this User Agreement, your permission to use this Product automatically terminates. You also agree that Welvie may, at its sole discretion, terminate your access to this Product, or any portion thereof, or discontinue providing the Product, or any portion thereof. Further, you agree that Welvie is not liable to you or any third party for any such termination or discontinuance.

Indemnity

You agree to defend, indemnify and hold harmless Welvie, its parent, subsidiaries and affiliates, and their directors, officers, employees, agents and contractors 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 this User Agreement.

Notice

If you register on the Product, you agree to keep your contact information, such as e-mail address, accurate and up-to-date so that we can contact you regarding our policies. Failure to have accurate contact information may affect our ability to provide you notice.

General

Welvie is based in Chicago, Illinois in the United States of America. Welvie makes no claims that the Content is appropriate, lawful 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 Product from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. For purposes of this User Agreement, the term Welvie shall include Welvie, LLC its parent, subsidiaries and affiliates and their directors, officers, employees, agents and contractors. The following provisions survive the expiration or termination of this User Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, General, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Welvie, or in any way relating to your use of the Product, resides in the courts of the State of Illinois and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving Welvie, its parent, subsidiaries and affiliates, and their directors, officers, employees, agents and contractors.

This User Agreement is governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of this User Agreement is 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 this User Agreement, which shall remain in full force and effect. No waiver of any of this User Agreement 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 Product, this User Agreement and the Welvie Privacy Policy constitute the entire agreement between you and Welvie with respect to the use of the Product.

Questions or Comments

Questions or comments regarding this Product, including any reports of non-functioning links, should be submitted via e-mail to CustomerService@Welvie.com or mailed to 400 N. May St. Suite 202, Chicago, IL 60642.

Updated June 16, 2014.

© 2016 Welvie, Inc. All rights reserved.