July 26, 2019
- ACCEPTANCE OF TERMS
- MODIFICATIONS TO THIS AGREEMENT
UniWellness reserve the right, at the Company’s sole discretion, to change, modify or otherwise alter this TOU at any time. When UniWellness does, the Company will revise the updated date at the bottom of this page. UniWellness encourages Users to frequently check this page for any changes to stay informed about how the Company is helping to protect personal information UniWellness collects. Users acknowledge and agree that it is the Users’ responsibility to review this TOU to become aware of modifications each time a User visits the Site.
All messages, text, files, images, photos, video, sounds, or other materials (“Content”) transmitted through or linked from the Site and through the Service are the sole responsibility of the person from whom such Content originated. More specifically, Users are entirely responsible for each individual item of Content that Users message or otherwise make available via the Service. Users understand that UniWellness does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, Users may be exposed to Content that Users find offensive, indecent, inaccurate, misleading, or otherwise objectionable. When Users create Content using the Service, Users authorize and direct the Company to make such copies thereof as UniWellness may deem necessary in order to facilitate the storage of the Content on the Service. By creating Content using the Service, Users automatically grant, and Users represent and warrant that Users have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the.
As consideration for and as a strict condition precedent to Users’ use of UniWellness, Users, their personal representatives and any heirs hereby voluntarily agree that UniWellness shall not be responsible or liable as the result of any dealings between Users of the Service. If there is a dispute between Users of the Service, or between Users and any third party, you understand and agree that UniWellness is under no obligation to become involved. In the event that Users have a dispute with one or more other Users, Users hereby forever release UniWellness, and the Company’s officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site or the Service.
Users agree that Users must evaluate, and bear all risks associated with, the use of any Content, and under no circumstances will UniWellness be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. Users acknowledge that UniWellness does not pre-screen or approve Content, but that UniWellness shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
- NOTIFICATION OF CLAIMS OF INFRINGEMENT
If a User believes that the Users work has been copied in a way that constitutes copyright infringement, or that the Users’ intellectual property rights have been otherwise violated, please send notice (“Notice”) to UniWellness’s agent for notice of claims of copyright or other intellectual property infringement:
Please include the following with Users Notice to our Abuse Agent:
The identity of the material on UniWellness that Users claim is infringing, in sufficient detail so that UniWellness may locate it on the Site.
A statement by Users that Users have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Users address, telephone number, and email address;
A statement by Users declaring under penalty of perjury that (i) the above information in Users Notice is accurate, and (ii) that, if true, Users are the owner of the copyright interest involved or that Users are authorized to act on behalf of that owner; and
Users physical or electronic signature.
Our Abuse Agent is Arin Sime, available at firstname.lastname@example.org.
- PRIVACY AND INFORMATION DISCLOSURE
Users agree not to message or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs in a manner unfitting for the Service;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, age, or disability;
- that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
- that impersonates any person or entity, including, but not limited to, a UniWellness employee, or falsely states or otherwise misrepresents Users’ affiliation with a person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that Users do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation;
- to other UniWellness Users, except as specifically permitted;
- that advertises any illegal service or the sale of any items whose sale is prohibited or restricted by any applicable law;
- that contains software viruses or any other malware or computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- or that employs misleading or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, Users agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted in writing by UniWellness;
- repeatedly message the same or similar Content or otherwise impose an unreasonable or disproportionately large load on UniWellness’s infrastructure;
- attempt to gain unauthorized access to UniWellness’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or UniWellness; or
- use any form of automated device or computer program that enables the submission of Content on UniWellness without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated messaging device to submit Content in bulk, or for automatic submission of Content at regular intervals.
- NO SPAM POLICY
Users understand and agree that sending unsolicited messages through UniWellness Site is expressly prohibited by these TOU. Any unauthorized use of UniWellness computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the User and his agents to civil and criminal penalties.
- LIMITATIONS ON SERVICE
Users acknowledge that UniWellness may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of messages or other Content that may be transmitted or stored by the Service, and the frequency with which Users may access the Service. Users agree that UniWellness has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Users acknowledge that UniWellness reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that UniWellness will not be liable to Users or to any third party for any modification, suspension or discontinuance of the Service.
- ACCESS TO THE SERVICE
UniWellness grants Users a limited, revocable, nonexclusive license to access the Service for Users own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by UniWellness. Use of the Service beyond the scope of authorized access granted to Users by UniWellness immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, Users must first obtain a written license from UniWellness that has been signed by one of UniWellness’s authorized representatives.
- TERMINATION OF SERVICE
Users agree that UniWellness, in its sole discretion, has the right (but not the obligation) to delete or deactivate Users account, block Users IP address, or otherwise terminate Users’ access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if UniWellness believes that Users have acted inconsistently with the letter or spirit of the TOU. Further, Users agree that UniWellness shall not be liable to Users or any third-party for any termination of Users’ access to the Service. Further, Users agree not to attempt to use the Service after said termination. This section shall survive termination of the agreement.
- PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution is strictly prohibited without the express written consent of UniWellness. Users further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of UniWellness, and agree to abide by any and all copyright notices displayed on the Service. Users may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, Users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. UniWellness, as well as certain other names, logos, and materials displayed on the UniWellness Site, constitute trademarks, trade names, service marks or logos (“Marks”) of UniWellness or other entities. Users are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remain with UniWellness or those other entities.
By using the Service and creating Content, Users automatically grant UniWellness all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
- DISCLAIMER OF WARRANTIES
USERSAGREE THAT USE OF UNIWELLNESS AND THE SERVICE IS ENTIRELY AT USERSOWN RISK. UNIWELLNESS AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIWELLNESS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF UNIWELLNESS AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIWELLNESS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ADVERTISED ON UNIWELLNESS, OR ACCESSED THROUGH ANY LINKS ON UNIWELLNESS, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, AND ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION. TO THE FULLEST EXTENT PERMITTED BY LAW, UNIWELLNESS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH UNIWELLNESS OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERSFROM UNIWELLNESS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO USERSINSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
- LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL UNIWELLNESS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF UNIWELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF USERSUSE OF UNIWELLNESS OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF UNIWELLNESS OR THE SERVICE, FROM INABILITY TO USE UNIWELLNESS OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF UNIWELLNESS OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH UNIWELLNESS OR THE SERVICE OR ANY LINKS ON UNIWELLNESS OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH UNIWELLNESS OR THE SERVICE OR ANY LINKS ON UNIWELLNESS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
A. UNIWELLNESS DOES NOT PROVIDE LEGAL ADVICE
UniWellness is neither a lawyer nor a law firm. UniWellness does not practice law, nor seek to practice law. In offering these terms to Users, UniWellness does not enter into an attorney-client relationship with Users, or with anyone else, nor does it offer anyone legal advice. In particular, the fact UniWellness is available to Users does not mean that UniWellness asserts that any User may lawfully use it in the Users’ jurisdiction or any other jurisdiction for any purpose. Users choice to access UniWellness is at Users own initiative and Users own risk.
B. UNIWELLNESS DOES NOT PROVIDE MEDICAL, HEALTH OR HEALTHCARE ADVICE
UniWellness is neither a physician nor a psychologist nor a health care provider of any other kind. UniWellness does not practice medicine or mental health care, nor seek to practice medicine or mental health care, nor is the Company qualified to do so. In providing the Services to Users, UniWellness does not enter into a provider-patient or professional-client relationship with anyone, nor does it offer health or healthcare or medical advice or consultation of any kind, Company does not provide healthcare or medical consultation, advice, nor diagnostic or treatment recommendations, to anyone. UniWellness is solely the Site by which consumers and healthcare providers can communicate with each other.
Providers with whom Users communicate on UniWellness are independent health care professionals, not employees or agents of UniWellness, and are solely responsible for the services they provide. UniWellness is not in any way a partner of any provider, nor a member of any provider’s group, nor in practice nor in business with any provider. UniWellness has no power to hire providers. UniWellness may terminate any agreement it has with any provider, but otherwise has no authority to discipline, fire or terminate providers. In particular, UniWellness has no authority to influence, much less control, how providers practice, nor does it seek to acquire any such authority. On the contrary, UniWellness recognizes, and by installing, downloading, registering with, or in any way using UniWellness, Users also recognize that providers are professionals authorized and obligated to exercise their own independent professional judgment, and that UniWellness has no authority, nor any obligation, nor does it seek any such authority or obligation, to play any role in making any such judgments. UniWellness itself has neither control nor influence over healthcare decisions, nor does it attempt to exercise control or influence over them. UniWellness does not interfere with the practice of any provider with whom Users may communicate, each of whom is responsible for services and compliance with the requirements applicable to his or her profession and license.
Any provider willing to abide by the Terms UniWellness offers to such professionals may use UniWellness. UniWellness does not recommend or endorse any specific provider, clinician, test, product, procedure, opinion, or other information that may be mentioned by or discussed with a provider through UniWellness. Deciding to engage with a provider is Users decision entirely. Reliance on any information provided by the provider through UniWellness is solely at Users own risk. Providers, and not UniWellness, are responsible for the information furnished through or listed on UniWellness. UniWellness does not hold out any provider using UniWellness as its employee or agent but in fact expressly denies that any such provider is its employee or agent.
Users agree to indemnify and hold UniWellness, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party owing to or arising out of Content Users message or otherwise make available through the Service, including without limitation professional liability claims; Users use of the Service; Users violation of the TOU; Users breach of any of the representations and warranties herein; or Users violation of any rights of another.
- GENERAL INFORMATION
The TOU, and any additional terms to which Users agree when using particular elements of the Service, constitutes the entire agreement between Users and UniWellness and governs Users use of the Service, superseding any prior agreement between Users and UniWellness. The failure of UniWellness to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by sending an email to: email@example.com.
UniWellness’s failure to act with respect to a breach by Users or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
Users understand and agree that, because damages are often difficult to quantify, if it becomes necessary for UniWellness to pursue legal action to enforce the TOU, Users will be liable to pay UniWellness the following amounts as liquidated damages, which Users accept as reasonable estimates of UniWellness’s damages for the specified breaches of the TOU:
If Users message or otherwise make available Content using the Service that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents Users affiliation with a person or entity; or (iii) includes personal or identifying information about another person without that person’s explicit consent, Users agree to pay UniWellness one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If UniWellness establishes limits on the frequency with which Users may access the Service, or terminates Users access to or use of the Service, Users agree to pay UniWellness one hundred dollars ($100) for each message created in excess of such limits or for each day on which Users access UniWellness in excess of such limits, whichever is higher.
If Users send unsolicited advertisements to UniWellness users through UniWellness’s Site, Users agree to pay UniWellness twenty-five dollars ($25) for each such message.
If Users message or otherwise make available Content using the Service in violation of the TOU, other than as described above, Users agree to pay UniWellness one hundred dollars ($100) for each item of Content posted.
If Users aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for Users own Content) in violation of the TOU without UniWellness’ss express written permission, Users agree to pay UniWellness three thousand dollars ($3,000) for each day on which Users engage in such conduct. In each of the instance described above UniWellness, in its sole discretion, may elect to issue a warning before assessing damages.
Notwithstanding any other provision of the TOU, UniWellness retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
UniWellness welcomes Users questions and comments. Please send them to: firstname.lastname@example.org
2) Content: Users hereby license to UniWellness the use of the Content that Users provide or have placed on UniWellness’s Site. Users represent and warrant that Users have obtained all rights in the Content necessary for UniWellness to exercise the rights granted hereunder. UniWellness is not responsible for any damages associated with the Content or its interpretation.
3) Length of Contract: This Agreement is valid up to and until a Users’ account is canceled.
4) Billing: In the event that a payment is due on a User’s membership, but the User’s credit card on file is no longer valid or active, UniWellness may attempt to contact Users to determine updated account information. UniWellness will wait thirty (30) days before canceling a User’s membership.
5) Termination: User’s may request termination of this agreement at any time. UniWellness may terminate this agreement at will. In the event UniWellness terminates this agreement early, and Users am not in violation of any term of this Agreement, Users will receive a prorated reimbursement for the portion of the billing cycle remaining.
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