Wellian Website Terms of Use
This Wellian® Website is owned and operated by Wellian Inc. (“WELLIAN”). Your access to and use of the Wellian Website (the “Website”) is subject to these terms and conditions (the “Website Terms of Use”). By accessing or using the Website, you acknowledge that you have read, understood and agreed to these Website Terms of Use and the Website Privacy Policy available at: http://wellian.com/privacy-policy. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Any information, tools, tasks, scales, questionnaires, calculators or quizzes, photos/images, URL addresses, voting buttons provided on this Website (collectively, the “Services”) are provided for general and informational purposes only, and are not intended to be, a substitute for medical advice and the professional opinion of a qualified physician. The Services are not intended to diagnose, treat, cure, or prevent any disease. You are solely responsible for the accuracy of any information you submit to WELLIAN on the Website.
WELLIAN grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display and electronically copy, download and print, for non-commercial use only, a single copy of any content, provided that any copy made shall retain all copyright or proprietary notices and any disclaimers contained herein. Any other use of materials on the Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Website, without prior written permission of WELLIAN, is prohibited.
Your rights to use the Applications are limited to those rights expressly set out in these Terms of Use. All rights not expressly granted by these Terms of Use are reserved by WELLIAN.
WELLIAN shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use or misuse of this Website (including the Services), including, without limitation, any damages for economic loss, injury, illness or death. This includes but is not limited to damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
WELLIAN disclaims all representations and warranties, express or implied, with respect to this Website (including the Services) including any representation or warranty that the Services or other information or content accessible via this Website is accurate, complete or current or that access to this Website will be uninterrupted or error-free.
All of the content on this Website is the property of WELLIAN, or used under license by WELLIAN, and is subject to copyright and other intellectual property protections. Any trademarks displayed on this Website are owned by WELLIAN or third parties and any use thereof is strictly prohibited.
You are responsible for all activity that occurs under your username and account, including any activity by unauthorized users. You must not allow others to use your username or account. You must safeguard the confidentiality of your password. If you become aware of an unauthorized access to your Account, you must change your password and notify WELLIAN immediately.
As a condition of your use of this Website, you warrant to WELLIAN that you will not use the Website for any purpose that is unlawful or prohibited by these Website Terms of Use. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of the Website. This includes, but is not limited to the use of any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this Website; interfere with or disrupt this Website or the servers or networks connected to this Website or obtain or attempt to obtain any unauthorized access to this Website whether by circumvention of authentication or security feature or otherwise or accessing unauthorized data or using an unauthorized account or probing the security of this Website or attempting to overload this Website or burden its resources by any “denial of service” attacks, “flooding” of networks or other attempts to “crash” a host. You also warrant not to use meta tags, links or code or other devices containing any reference to WELLIAN or this Website in order to direct any person to any other web site for any purpose, nor will you modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion or aspect of this Website or cause others to do so.
WELLIAN may at any time in its sole discretion, immediately suspend or terminate your access to or use of this Website and prohibit you from any future use of this Website, without any prior notice to you.
YOU AGREE THAT IN NO EVENT WILL WELLIAN OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “WELLIAN REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE SERVICE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO THE SERVICE, THE CONTENT, OR FAILURE OF THE SERVICE (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE SERVICE OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM WELLIAN), EVEN IF WELLIAN OR ANY WELLIAN REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU WILL INDEMNIFY AND HOLD WELLIAN OR WELLIAN REPRESENTATIVES (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM YOUR USE OF THE SERVICE, AND ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF THE CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OR MODIFICATION, AND AGREE TO INDEMNIFY AGAINST ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND LAWYERS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
These Website Terms of Use and the rights, obligations, liabilities, and responsibilities of the parties hereto, shall be governed and interpreted by the laws of the United States of America and by the laws of the State of Delaware applicable therein, without regard to conflict of laws principles and regardless of the location from which the Website is accessed or used. You hereby irrevocably consent to the personal and exclusive jurisdiction of the courts located within the State of Delaware.
WELLIAN reserves the right, at its sole discretion, to amend, modify or vary (collectively “Amendments) the terms and condition of its Website, at any time and such Amendments shall be effective upon posting on the Website. You agree to review the terms and conditions of this Website periodically to be aware of such Amendments and your continued use of this Website shall be deemed to be your acceptance of such amended terms and conditions. If you do not agree with any Amendments, you should terminate your use of this Website and service. WELLIAN reserves the right to provide notice of these Amendments, from time to time, either by e-mail or posting notice on this Website.
Should you have any questions or concerns regarding these Website Terms of Use or WELLIAN’s Website Privacy Statement, you may contact WELLIAN’s Chief Privacy Compliance Officer: via email at: privacy@wellian.com; or by mail at Chief Privacy Compliance Officer, Wellian Inc., Suite 1292-1071, 1601 29th Street, Boulder, CO, 80301, U.S.A.