PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

WellTheory Technologies, Inc. (“WellTheory”) may revise and update these Terms and Conditions at any time. Your continued usage of the WellTheory website (the “WellTheory Site” or the “Site”) will mean you accept those changes.

The Site Does Not Provide Medical Advice

The contents of the WellTheory Site, such as text, graphics, images, and other materials created by WellTheory or obtained from WellTheory’s licensors, and other materials contained on the WellTheory Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Though we always strive to provide accurate information, WellTheory makes no representation and assumes no responsibility for the accuracy of information on or available through the Site, and this information is subject to change without notice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, before making changes to your lifestyle, starting any new health care regimen, or if you have, or suspect you might have, a health problem.

If you think you may have a medical emergency, call your doctor or 911 immediately. WellTheory does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by WellTheory, WellTheory employees, others appearing on the Site at the invitation of WellTheory, or other visitors to the Site is solely at your own risk. If you find these materials offensive, you may not want to use our Content.

Unless otherwise noted, all Content, whether publicly posted or privately transmitted, as well as all derivative works, are property owned, controlled, licensed, or used with permission by WellTheory or other parties that have licensed or otherwise permitted their material to be used by WellTheory. The Site as a whole and the Content are protected by copyright, trademark, trade dress, and other laws. All worldwide right, title, and interest in and to the Site and Content are owned by WellTheory or used with permission. The Site, the Site’s logos, and all other trademarks appearing on the Content and the Site are trademarks of WellTheory or are licensed or used with permission of the owner by WellTheory. You agree not to display or use such trademarks without WellTheory’s prior written permission. WellTheory disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own.

The Content are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may share the Content with the use of the social media links provided on the Site. You may also share the Content via email through the use of our “Share” link. You also may establish a hypertext link to the Content or Site, provided that the link does not state or imply any sponsorship or endorsement of your site, company, product and/or service by WellTheory. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only, provided that you keep intact all copyright and other proprietary notices. No right, title, or interest in any downloaded Content or other materials is transferred to you as a result of any such downloading, sharing, or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software without the prior written consent of WellTheory or the owner of such material. Nothing contained on the Content or Site grants or should be construed as granting any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, or copyrighted or other proprietary material displayed on the Content and Site without the prior written consent of WellTheory or the owner of such material. All rights not expressly granted herein by WellTheory to you are reserved by WellTheory and/or its licensors. Third-party trade names, product names, and logos contained in the Site may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Content and Site is made available solely for general information purposes. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and We are under no obligation to update such material.


Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Liability of WellTheory and Its Licensors

The use of the WellTheory Site and the Content is at your own risk.

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

The WellTheory Site and the Content are provided on an “as is” basis. WELLTHEORY AND ITS LICENSORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM 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, WellTheory and its licensors make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the WellTheory Site.

In no event shall WellTheory, its licensors or any third parties mentioned on the WellTheory Site 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 WellTheory Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not WellTheory, its licensors or any third parties mentioned on the WellTheory Site are advised of the possibility of such damages. WellTheory, its licensors or any third parties mentioned on the WellTheory Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. WellTheory, its licensors or any third parties mentioned on the WellTheory Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Advertisements, Searches, and Links to Other Sites

WellTheory may provide links to third-party web sites. WellTheory also may select certain sites as priority responses to search terms you enter and WellTheory may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. WellTheory does not recommend and does not endorse the content on any third-party websites. WellTheory is not responsible for the content of linked third-party sites, sites framed within the WellTheory Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. WellTheory does not endorse any product, service, or treatment advertised on the WellTheory Site.

Indemnity

You agree to defend, indemnify, and hold WellTheory, its officers, directors, employees, agents, licensors, and suppliers, harmless 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: (a) your use of the Site, or (b) your violation of these Terms and Conditions.

General

You agree to use the Content and Services Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others, or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive, or hateful.

We have absolute discretion to determine if any use violates these rules, and to act as We deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.

If you access the WellTheory Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with WellTheory, or in any way relating to your use of the Site and/or the Content, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving WellTheory or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.


These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.


Comments

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to WellTheory on or by the Content and/or Site or otherwise disclosed, submitted, or offered in connection with your use of the Content and/or Site (collectively, “Comments”) shall be and remain WellTheory’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to WellTheory of all worldwide right, title, and interest in all copyrights and other intellectual properties in the Comments. WellTheory is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree not to post on or transmit through the Site any Comments or other material that:

is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;

is an advertisement or promotion for any product or service that had not been approved in writing by WellTheory;

is false, misleading, or constitutes an unfair or deceptive trade practice;

promotes the use of alcohol, tobacco, or any illegal substance;

constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;

infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or

contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit, or destroy the performance and/or functioning of any software, hardware, or other equipment.

You further agree that any Comments you provide do not contain any confidential, proprietary, or trade secret information of any third party, and will not be treated as confidential by WellTheory. WellTheory shall have no obligation to store, keep copies of, or return any Comments. WellTheory further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete, or remove any Comments from the Site that it deems to be in violation of the foregoing requirements.

Without limiting the generality of the foregoing, WellTheory shall have the right to:

Remove or refuse to post any Comments for any or no reason in our sole discretion.

Take any action with respect to any Comments that We deem necessary or appropriate in our sole discretion, including if We believe that such Comment violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for WellTheory.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Content or the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, WellTheory has the right to fully cooperate with any law enforcement authorities or court order requesting or directing WellTheory to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


However, WellTheory cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, WellTheory assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. WellTheory has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Third-party Content

WellTheory may from time to time post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and emails that promote the Site (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.


Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of WellTheory. WellTheory does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.


Notification of Infringement

Notifications regarding any alleged intellectual property infringement should be directed to WellTheory by email addressed to: [_______].

Complete Agreement

Except as expressly provided in a particular “legal notice” on the WellTheory Site, these Terms and Conditions and the WellTheory Privacy Policy constitute the entire agreement between you and WellTheory with respect to the use of the WellTheory Site, and Content.

Thank you for your cooperation. We hope you find the WellTheory Site helpful and convenient to use!

Last updated on January 15, 2021

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