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 ©
2023, 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 1277 Treat Blvd, Ste 800, Walnut Creek, CA 94597.
©
2023
Welvie, Inc. All rights reserved.
