WellFX Terms Of Use Agreement

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Acceptance of these Terms of Use creates a legal contract between you and WellFX (“WellFX,” “we,” “us,” or, “our”) governing the access and use of this website. WellFX maintains this website for your personal use of the services that are accessible from the website (the “Services”). Your access to and use of this website is subject to these Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.

Agreement to Terms of Use

BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS OF USE AND THE TERMS OF THE WELLFX PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS OF USE BY REFERENCE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.

WellFX reserves the right to modify or amend these Terms of Use at any time. All changes are effective immediately upon their posting. By accessing the website following posting of any changes to these Terms of Use, you agree and consent to all such changes. If we make any material changes to the Terms of Use, we will post notice on this website that such changes have been made.

Website Content & Use of This Website

The term “Content” refers to any text, graphics, logos, button icons, images, audio or video content, digital or printable downloads, compilations of the foregoing, or other materials that may appear on or may be produced by the website. Content does not include material that you submit or upload to the website in use of our Services (“Submissions”).

You may access this website’s Content solely for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, publish or transmit any of the Content of this website, including for resale or to sell or promote other products, without the prior written consent of WellFX. Those who access this website from states other than California or countries other than the United States are solely responsible for compliance with the laws of such state or country.

If you have access to a “members only” or other private portion of this website that requires registration, you are responsible for maintaining the confidentiality of your login information, including your password. YOU ARE SOLELY RESPONSIBLE FOR ANY ACTIVITY THAT TAKES PLACE UNDER YOUR USER NAME AND PASSWORD WHETHER OR NOT MADE WITH YOUR KNOWLEDGE OR AUTHORITY.

You retain your rights to the Submissions that you may submit or upload to us. You grant WellFX a worldwide, non-exclusive, royalty-free license to use, make, reproduce, modify, publish, display, transmit, and distribute the Submissions in any and all media, with a right to sub license the foregoing solely for purposes of providing you the Services.

Impersonation and Multiple Accounts

If you register for our “members only” Services, you must use your own identity and personal information to sign up; any impersonation is prohibited. WellFX reserves the right to make inquiries concerning your identity. You agree not to create multiple accounts for any reason. No person under the age of 13 is permitted to register for the use of the WellFX platform.

WellFX Intellectual Property Rights

All Content and the design, selection, and arrangement thereof, in any medium on this website, are owned by WellFX or its third party suppliers or vendors, and is or may be protected by state, federal, or international law. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, all software used on the website is the property of WellFX or its software suppliers and is protected by United States and international copyright laws.

In addition, many proprietary names and marks belonging to WellFX appear throughout this website including, without limitation, WellFX™. This website may also contain references to third party marks, which are the property of their respective owners.

Any unauthorized use of any copyrighted Content, trade dress, marks, or any other intellectual property belonging to WellFX or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Third party Intellectual Property Rights

WellFX respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your copyrighted work has been copied in a way that constitutes infringement or that there is infringing material available through use of this website, please provide the WellFX DMCA agent specified below with the following information, in the form prescribed by Section 512 of Title 17, United States Code:

  • an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • a description of the copyrighted work or works that you claim have been infringed;
  • a description of the allegedly infringing material, including its location on the website;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send the information to:
WellFX, LLC
Attn: Legal Dept.
1318 Redwood Way, #110
Petaluma, CA 94954
legal@well-fx.com

You and WellFX understand and agree that: (1) WellFX and its healthcare affiliates assume no liability or responsibility for any Submissions of any kind submitted by you, another user, or any third-party including, without limitation, Submissions submitted to any bulletin boards, chat rooms, pad posts, media uploads, or surveys on the website, etc.) by you or by any other users or third parties and (2) WellFX is a publisher of any such Submission, and is acting solely as an Internet Service Provider, as such term is defined in the Digital Millennium Copyright Act of 1998 (“DMCA”).

Pad Messages, Bulletin Boards, Chat Rooms, Media Uploads and Other Interactive Areas

WellFX may provide messaging functionality, bulletin boards, chat rooms, media albums/folders and other interactive areas for its visitors to participate in. By accessing or using this website, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this website:
1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other healthcare providers or individual users or WellFX or any of its affiliates.
2. Any Submissions that incites violence, contains nudity or graphic violence or is offensive, defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
3. Any conduct that, in WellFX’s sole discretion, restricts others from using or enjoying the website is prohibited.
4. You must not use WellFX to engage in an unlawful activity.
5. Copyrighted material may only be posted with permission of the author.
6. Harvesting or collecting information about others, including e-mail addresses is prohibited.
7. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.
8. You must not upload viruses or other malicious code.

You and other users of the WellFX message/bulletin boards, chat rooms, media albums/folders and other interactive areas are solely responsible for the Submissions and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before providing any personal information on this website. Although WellFX and its affiliates are not obligated to monitor Submissions or the accuracy of information, you acknowledge and agree that WellFX, in its sole discretion, has the right to monitor, suspend, and remove, without notice, any such Submissions or information posted on this website.

WellFX Modification, Revocation, or Blockage

WellFX has the right but not the responsibility, in its sole and absolute discretion, for any reason and without notice, to:
1. change a user’s username, alias, user identity, or other identifier as WellFX deems necessary to prevent any infringement or impersonation;
2. to prohibit or remove any conduct or Submissions;
3. to revoke and/or suspend any user’s membership;
4. to block any user’s access to the website; or
5. terminate this agreement with you.

Termination

You may terminate this agreement, for any or no reason, at any time, with notice to WellFX.

WellFX may terminate this agreement with you for any reason or no reason, at any time, with or without notice. Termination of your WellFX account includes disabling your access to WellFX, and privileges to post Submissions to the website, and may also bar you from any future use of WellFX.

All users of this website must also follow any other guidelines or rules posted on this website. A failure to comply with any of these guidelines or rules, or any of the other provisions of these Terms of Use, will result in, among other possible action, the immediate termination of all membership and privileges to post Submissions to the website.

“Members Only” accounts automatically terminate upon death of the respective member.

Please report any violations of these guidelines to WellFX, as provided for in the “Contacting Us” paragraph of these Terms of Use.

No Liability

IN NO EVENT IS WELLFX OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES OR AGENTS LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY CONTENT, SUBMISSIONS, MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, OR ANY ERRORS OR OMMISSIONS IN ANY CONTENT OR ANS USER SUBMISSIONS, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PATY, AND IN ANY EVENT WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WELLFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS MAY BE PROHIBITED BY LAW, WELLFX AND ITS AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY OR DEATH REMITTING OR ARISING FROM USE OR MISUSE OF THIS WEBSITE OR ANY SERVICES AVAILABLE VIA THIS WEBSITE. WELLFX HAS NO LIABILITY IN DISPUTES ARISING OUT OF YOU ENGAGING IN A TRANSACTION WITH A THIRD-PARTY.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

FURTHERMORE, IN NO EVENT WILL WELLFX’S OR ITS AFFILIATES’ LIABILITY TO YOU ARISING FROM OR OTHERWISE RELATED TO THE WEBSITE OR YOUR USE OF THE WEBSITE EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty

THIS WEBSITE IS PROVIDED BY WELLFX ON AN “AS IS” BASIS. WELLFX DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THIS WEBSITE WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.

WELLFX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. WELLFX AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR USE OF SERVICES, CONTENT, MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THIS WEBSITE OR ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THIS WEBSITE. WELLFX HAS NO RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION.

NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION WELLFX, WILL BE RESPONSIBLE FOR THE CONDUCT OF USERS OF THIS WEBSITE OR FOR INFORMATION POSTED OR EXCHANGED ON THIS WEBSITE.

YOU ACKNOWLEDGE AND AGREE (1) THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, (2) THAT USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND (3) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WELLFX OR IN ANY MANNER FROM THIS WEBSITE, CREATES ANY WARRANTY ON THE PART OF WELLFX.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WELLFX, ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES), ARISING FROM OR RELATED TO ANY THIRD PARTY INJURIES, DAMAGES, CLAIMS, ALLEGATIONS, DEMANDS, OR SUITS, AS A RESULT OF YOUR USE OR MISUSE OF THIS WEBSITE OR ANY SERVICES PROVIDED VIA THE WEBSITE, YOUR USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR YOUR VIOLATION OF THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION, YOU IMPERSONATION OR HARASSMENT OF ANY THIRD PARTY AND YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF WELLFX OR ANY OTHER PERSON OR ENTITY.

Applicable Law; Disputes

The agreement constituted by these Terms of Use is governed by and construed and enforced in accordance with the laws of the State of California, excluding its laws relating to conflicts of laws. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises. In the event of any dispute, the prevailing party is entitled to recovery of its reasonable attorneys’ fees and costs.

Any disputes will be resolved by final and binding arbitration under the commercial arbitration rules and procedures of the American Arbitration Association, to be held in Santa Rosa, California. Nothing in this agreement limits either party’s ability to seek equitable relief.

Entire Agreement

These Terms of Use, together with the WellFX Privacy Policy constitute the entire agreement between you and WellFX with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If a court or arbitrator deems any provision of these Terms & Conditions unenforceable or invalid, such provision will be severed from this Agreement and the other provisions will remain in full force and effect.

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by WellFX. The agreement constituted by these Terms of Use will inure to the benefit of WellFX’s successors and assigns.

Nothing in this agreement creates an agency, partnership, or joint venture between you and WellFX.