Terms Of Use
Introduction
PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS AN END USER (AS DEFINED BELOW) (“END USER” OR “YOU”) AND WELLMD, INC. (“WELLMD” OR “WE”). THIS WEBSITE TERMS OF USE AGREEMENT, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL WELLMD RULES AND POLICIES, INCLUDING THE WELLMD PRIVACY POLICY, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND WELLMD REGARDING YOUR ACCESS TO AND USE OF THE WELLMD WEBSITE (“WEBSITE”). BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT. THIS AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE PLATFORM. THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE AGREEMENT, EXPORT CONTROLS, AUTOMATIC RENEWALS, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, A CLASS ACTION WAIVER, AND A RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE.
1. Acceptance of Terms
By accessing or using the WellMD website (“Website”), you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you must not access or use the Website.
2. Eligibility
The Website is intended for individuals who are 18 years of age or older. By using the Website, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into this Agreement.
3. License to Use the Website
WellMD grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with this Agreement. You may not use the Website for any unlawful purpose or in any way that interrupts, damages, or impairs the Website.
4. Intellectual Property
All content on the Website, including text, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the compilation thereof, is the property of WellMD or its licensors and is protected by copyright, trademark, and other intellectual property laws.
5. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, FUNCTIONS, AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
6. Limitation of Liability
IN NO EVENT SHALL WELLMD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE.
7. Indemnification
You agree to indemnify, defend, and hold harmless WellMD and its affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website.
8. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association.
9. Changes to the Agreement
WellMD reserves the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on the Website. Your continued use of the Website following any such changes constitutes your acceptance of the updated Agreement.
10. Contact Information
If you have any questions about this Agreement, please contact us at info@wellmd.com.