Last
Modified: 3/1/2019
Acceptance of the Terms of Use
These terms of use are entered into by and between You
and Wellneos LLC (“Company“,
“we“, or “us“). The following terms and
conditions, together with any documents they expressly incorporate by reference
(collectively, these “Terms of Use“),
govern your access to and use of https://www.wellneos.com, including any
content, functionality, and services offered on or through https://www.wellneos.com
(the “Website“).
Please read the Terms of Use carefully before you
start to use the Website. By using the
Website or by clicking to accept or agree to the
Terms of Use when this option is made available to you,[SM1] you accept and agree to be bound and abide by these
Terms of Use and our Privacy Policy, found at www.Wellneos.com, incorporated
herein by reference. If you do not want to agree to these Terms of Use or
the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are
13 years of age or older, and reside in the United States or any of its
territories or possessions. By using this Website, you represent and warrant
that you meet all of the foregoing eligibility requirements. If you do not meet
all of these requirements, you must not access or use the Website.
Changes
to the Terms of Use
We may revise and update these Terms of Use from time
to time in our sole discretion. All changes are effective immediately when we
post them, and apply to all access to and use of the Website thereafter. However,
any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to
any disputes for which the parties have actual notice on or before the date the
change is posted on the Website.
Your continued use
of the Website following the posting of revised Terms of Use means that you
accept and agree to the changes.[SM2] You are expected
to check this page from time to time so you are aware of any changes, as they
are binding on you.
Accessing
the Website and Account Security
We reserve the right to withdraw or amend this
Website, and any service or material we provide on the Website, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of the Website is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for:
- Making all
arrangements necessary for you to have access to the Website.
- Ensuring that all
persons who access the Website through your internet connection are aware of
these Terms of Use and comply with them.
To access the Website or some of the resources it
offers, you may be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You
agree that all information you provide to register with this Website or
otherwise, including but not limited to through the use of any interactive
features on the Website, is governed by our Privacy
Policy, and you consent to all actions we take with respect to your
information consistent with our Privacy Policy.
If you choose, or are provided with, a user name,
password, or any other piece of information as part of our security procedures,
you must treat such information as confidential, and you must not disclose it
to any other person or entity. You also acknowledge that your account is
personal to you and agree not to provide any other person with access to this
Website or portions of it using your user name, password, or other security
information. You agree to notify us immediately of any unauthorized access to
or use of your user name or password or any other breach of security. You also
agree to ensure that you exit from your account at the end of each session. You
should use particular caution when accessing your account from a public or
shared computer so that others are not able to view or record your password or
other personal information.
We have the right to disable any user name, password,
or other identifier, whether chosen by you or provided by us, at any time if,
in our opinion, you have violated any provision of these Terms of Use.
Intellectual
Property Rights
The Website and its entire contents, features, and
functionality (including but not limited to all information, software, text,
displays, images, video, and audio, and the design, selection, and arrangement
thereof) are owned by the Company, its licensors, or other providers of such
material and are protected by United States and international copyright,
trademark, patent, trade secret, and other intellectual property or proprietary
rights laws.
These Terms of Use permit you to use the Website for
your personal, non-commercial use only. You must not reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our Website,
except as follows:
- Your computer may
temporarily store copies of such materials in RAM incidental to your accessing
and viewing those materials.
- You may store
files that are automatically cached by your Web browser for display enhancement
purposes.
- You may print or
download one copy of a reasonable number of pages of the Website for your own
personal, non-commercial use and not for further reproduction, publication, or
distribution.
- If we provide
desktop, mobile, or other applications for download, you may download a single
copy to your computer or mobile device solely for your own personal,
non-commercial use, provided you agree to be bound by our end user license
agreement for such applications.
- [SM3]
You must not:
- Modify copies of
any materials from this site.
- Use any
illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text.
- Delete or alter
any copyright, trademark, or other proprietary rights notices from copies of
materials from this site.
You must not access or use for any commercial purposes
any part of the Website or any services or materials available through the
Website.
If you wish to make any use of material on the Website
other than that set out in this section, please address your request to: email@wellneos.com.
If you print, copy, modify, download, or otherwise use
or provide any other person with access to any part of the Website in breach of
the Terms of Use, your right to use the Website will stop immediately and you
must, at our option, return or destroy any copies of the materials you have
made. No right, title, or interest in or to the Website or any content on the
Website is transferred to you, and all rights not expressly granted are
reserved by the Company. Any use of the Website not expressly permitted by
these Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related
names, logos, product and service names, designs, and slogans are trademarks of
the Company or its affiliates or licensors. You must not use such marks without
the prior written permission of the Company. All other names, logos, product
and service names, designs, and slogans on this Website are the trademarks of
their respective owners.
Prohibited
Uses
You may use the Website only for lawful purposes and
in accordance with these Terms of Use. You agree not to use the Website:
- In any way that
violates any applicable federal, state, local, or international law or
regulation (including, without limitation, any laws regarding the export of
data or software to and from the US or other countries).
- For the purpose
of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable
information, or otherwise.
- To transmit, or
procure the sending of, any advertising or promotional material, including any
“junk mail”, “chain letter”, “spam”, or any other
similar solicitation.
- To impersonate or
attempt to impersonate the Company, a Company employee, another user, or any
other person or entity (including, without limitation, by using email addresses
or screen names associated with any of the foregoing).
- To engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of the
Website, or which, as determined by us, may harm the Company or users of the
Website or expose them to liability.
Additionally, you agree not to:
- Use the Website
in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party’s use of the Website, including their ability to
engage in real time activities through the Website.
- Use any robot,
spider, or other automatic device, process, or means to access the Website for
any purpose, including monitoring or copying any of the material on the
Website.
- Use any manual
process to monitor or copy any of the material on the Website or for any other
unauthorized purpose without our prior written consent.
- Use any device,
software, or routine that interferes with the proper working of the Website.
- Introduce any
viruses, Trojan horses, worms, logic bombs, or other material that is malicious
or technologically harmful.
- Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or
database connected to the Website.
- Attack the
Website via a denial-of-service attack or a distributed denial-of-service
attack.
- Otherwise attempt
to interfere with the proper working of the Website.
Reliance
on Information Posted
The information presented on or through the Website is
made available solely for general information purposes. We do not warrant the
accuracy, completeness, or usefulness of this information. Any reliance you
place on such information is strictly at your own risk. We disclaim all liability
and responsibility arising from any reliance placed on such materials by you or
any other visitor to the Website, or by anyone who may be informed of any of
its contents.
This Website may include content provided by third
parties, including materials provided by bloggers, and third-party licensors,
syndicators, aggregators, and/or reporting services. All statements and/or
opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Company,
are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the
opinion of the Company. We are not responsible, or liable to you or any third
party, for the content or accuracy of any materials provided by any third
parties.
Changes
to the Website
We may update the content on this Website from time to
time, but its content is not necessarily complete or up-to-date. Any of the
material on the Website may be out of date at any given time, and we are under
no obligation to update such material.
Information About You and Your Visits to the Website All information we collect on this Website is subject to our Privacy Policy.
By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Linking
to the Website and Social Media Features
You may link to our homepage, provided you do so in a
way that is fair and legal and does not damage our reputation or take advantage
of it, but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part without our express written
consent.
This Website may provide certain social media features
that enable you to:
- Link from your
own or certain third-party websites to certain content on this Website.
- Send emails or
other communications with certain content, or links to certain content, on this
Website.
- Cause limited
portions of content on this Website to be displayed or appear to be displayed
on your own or certain third-party websites.
You may use these features solely as they are provided
by us, solely with respect to the content they are displayed with, and
otherwise in accordance with any additional terms and conditions we provide
with respect to such features. Subject to the foregoing, you must not:
- Establish a link
from any website that is not owned by you.
- Cause the Website
or portions of it to be displayed on, or appear to be displayed by, any other
site, for example, framing, deep linking, or in-line linking.
- Link to any part
of the Website other than the homepage.
- Otherwise take
any action with respect to the materials on this Website that is inconsistent
with any other provision of these Terms of Use.
You agree to cooperate with us in causing any
unauthorized framing or linking immediately to stop. We reserve the right to
withdraw linking permission without notice.
We may disable all or any social media features and
any links at any time without notice in our discretion.
Links
from the Website
If the Website contains links to other sites and
resources provided by third parties, these links are provided for your
convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents
of those sites or resources, and accept no responsibility for them or for any
loss or damage that may arise from your use of them. If you decide to access
any of the third-party websites linked to this Website, you do so entirely at
your own risk and subject to the terms and conditions of use for such websites.
Geographic
Restrictions
The owner of the Website is based in the state of Indiana
in the United States. We provide this Website for use only by persons located
in the United States. We make no claims that the Website or any of its content
is accessible or appropriate outside of the United States. Access to the Website
may not be legal by certain persons or in certain countries. If you access the
Website from outside the United States, you do so on your own initiative and
are responsible for compliance with local laws.
Disclaimer
of Warranties
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the Website
will be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of any
lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON
ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY
OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE
ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS
CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY,
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation
on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT
WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the
Company, its affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) arising out of or relating to your violation of
these Terms of Use or your use of the Website, including, but not limited to, any
use of the Website’s content, services, and products other than as expressly
authorized in these Terms of Use or your use of any information obtained from
the Website.
Governing
Law and Jurisdiction
All matters relating to the Website and these Terms of
Use and any dispute or claim arising therefrom or related thereto (in each
case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Indiana without
giving effect to any choice or conflict of law provision or rule (whether of
the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of,
or related to, these Terms of Use or the Website shall be instituted
exclusively in the federal courts of the United States or the courts of the
State of Indiana in each case located in the City of Indianapolis and Marion
County. You waive any and all objections to the exercise of jurisdiction over
you by such courts and to venue in such courts.
Limitation
on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT
OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION
OR CLAIM IS PERMANENTLY BARRED.
Waiver
and Severability
No waiver by the Company of any term or condition set
out in these Terms of Use shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of the Company to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a
court or other tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms of Use will
continue in full force and effect.
Entire
Agreement
The Terms of Use and our Privacy Policy constitute the
sole and entire agreement between you and Wellneos LLC regarding the Website
and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Website.
Your
Comments and Concerns
This website is operated by Wellneos, LLC located at 6625 Grosvenor Place,
Indianapolis, IN, 46220.
All feedback, comments, requests for technical support,
and other communications relating to the Website should be directed to: email@wellneos.com.