Terms of Service

Effective March 14, 2011

Please read these Terms of Service (collectively with WellApps, Inc.’s Privacy Policy, the “Terms of Service”) fully and carefully before using http://www.WellApps.com (the “Site”) and the mobile applications, services, features, content or applications offered by WellApps, Inc. (“we,” “us,” or “WellApps”) (collectively with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

Acceptance of Terms.
1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, posting content on the Site and using the Services, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by WellApps, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional terms and conditions specified by WellApps from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Membership Eligibility

To become a member and access the Services, WellApps requires that you are either (a) a patient diagnosed with a WellApps supported illness, (b) a caregiver for such a patient, (c) a health care professional (e.g. doctor, nurse, health researcher, etc.), or (d) a guest as authorized by a WellApps member or employee. As of the date of these Terms of Service, WellApps’ supported illnesses include Crohn’s Disease and Ulcerative Colitis. However, WellApps may expand the number of illnesses and conditions covered by the Service, and we encourage Site visitors with other illnesses to contact us at support@wellapps.com if they believe the application would be well-suited to a particular condition.

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use the Services. We do not knowingly collect data from individuals under age 13. WellApps may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

This Services Do Not Provide Medical Advice

All of the material provided through the Service, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have learned through this Service. By using this Site, you understand that there is no doctor-patient relationship between you and WellApps.

If you think you may have a medical emergency, call your doctor or 911 immediately. WellApps does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by the Service. Reliance on any information provided by WellApps, by persons using the Service, or by other members is solely at your own risk. The information contained on the Site is general in nature and not intended as a guide to self-treatment by users.

You are advised to always check product information (including packaging inserts) for changes and new information regarding dosage, precautions, and contraindications before administering any drug, herb, supplement, compound, therapy, treatment and or preventative measure.

Registration. While some features of the Services are available to unregistered users, for broader access to the Services you must register with WellApps (creating an “Account”). In order to register, you must provide an accurate e-mail address, password and select a username. You are responsible for maintaining the accuracy of the e-mail address that you provide to WellApps to be associated with your Account, including by updating it when necessary. Regarding usernames, you shall not (a) select or use, as your username, the name of another person with the intent to impersonate that person; (b) select or use, as your username, a name subject to any rights of a person or entity other than you without appropriate authorization; or (c) select or use, as your username, a name that is otherwise offensive, vulgar or obscene.

Account Security. You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify WellApps of any unauthorized use of your membership password or login or any other breach of security.

Content.

For purposes of these Terms of Service, the term “Content” includes, without limitation, text, videos, audio clips, written posts and comments, information, data, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated that Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that certain User Content will remain available. All rights to any content, data, format, “look and feel” and software incorporated into the Services are expressly reserved to WellApps. The Services contain Content specifically provided by WellApps or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Subject to these Terms of Service, WellApps grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from WellApps, or from the copyright holder identified in such Content’s copyright notice. If you would like to use the Services for commercial purposes contact us regarding other types of uses.

By submitting User Content through the Services, you hereby do and shall grant WellApps a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and WellApps’ (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds).

Acceptable and Lawful Use of Services by Members

Members shall not enter any information through the Services that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; (d) is defamatory, libelous, threatening, abusive, hateful, fraudulent, tortuous, or contains pornography; (e) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (f) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of WellApps or any third party; (g) impersonates any person or entity, including any employee or representative of WellApps; (h) includes anyone’s identification documents or sensitive financial information; or (i) is otherwise determined by WellApps to be inappropriate or off-topic at its sole discretion. Members shall not interfere with other members’ use of the Services (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Services to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

You shall not (directly or indirectly): (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services or applications provided by WellApps, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services; (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; (d) use any robot, spider, scraper, or other automated means to access the Services for any purposes; or (e) attempt to make the Services unavailable through denial-of-service attacks or similar means. You shall abide by all applicable local, state, national and international laws and regulations.

By submitting communications or data to the Service, you agree that, except as explicitly set forth in the Privacy Policy, such submission, including but not limited to business information, ideas or concepts, is non-confidential for all purposes. If you wish to maintain the confidentiality of such materials, do not submit them.

WellApps also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms of Service, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of WellApps, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.

Privacy

You agree that you have read, understood and accept the terms of WellApps' Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Services.

Third Party Services

The Services may contain links to, or otherwise permit you to connect to, other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access these third party websites, services or resources, you do so at your own risk. These other resources are not under the control of WellApps, and you acknowledge that WellApps is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WellApps or any association with its operators. You further acknowledge and agree that WellApps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Membership Termination

You agree that WellApps may, with or without cause, immediately terminate your WellApps membership and access to the Member Area without prior notice. Without limiting the foregoing, the following may lead to a termination by WellApps of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. WellApps has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

Modifications To This Agreement

WellApps reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature or content) at any time by posting a notice on the Site or by sending you notice through the Services or by e-mail. WellApps may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following any changes to these Terms of Service constitutes acceptance of those changes. If you do not accept such changes, then you must stop using the Services and your membership, if applicable, will be cancelled.

Fees

Membership with WellApps is currently free. WellApps reserves the right from time to time to change these Terms of Service and charge for membership and/or to provide additional optional services for a fee.

Disclaimer of Warranties/Liability

WellApps has no special relationship with or fiduciary duty to you. Because WellApps does not control the transmission of data to or from the Service, WellApps assumes no liability for the delay, failure, interruption of corruption of any data transmitted over the Site.

The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by WellApps, and you use such information at your own risk.

You release WellApps from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. WellApps makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WELLAPPS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY ITEMS ARE FREE FROM DEFECTS; OR (E) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): WELLAPPS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. WellApps will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on WellApps’ equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

Limitation of Liability

IN NO EVENT SHALL WELLAPPS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, INCLUDING (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF $50.00 IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless WellApps, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. WellApps reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with WellApps in asserting any available defenses.

International Users

WellApps makes no claims that information on the Services is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that WellApps may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Member Notices

If you register as a member, you agree that WellApps may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).

Governing Law and Venue

These Terms of Service shall be governed by the laws of the State of New York and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in New York City, in the State of New York, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of New York.

Miscellaneous Terms

These Terms of Service are the entire agreement between you and WellApps with respect to the Services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and WellApps with respect to the Site. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.

WellApps shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WellApps’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with WellApps’ prior written consent. WellApps may assign, transfer or delegate any of its rights and obligations hereunder without consent.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

The failure of WellApps to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, WellApps must provide you with written notice of such waiver, provided by one of its authorized representatives.

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

WellApps requests that you do not submit any business ideas or concepts without securing the prior written consent of an authorized representative of WellApps. If you seek to make any such submission, please contact WellApps PRIOR to making such submission at: support@wellapps.com, at which time WellApps will provide you with an appropriate release for countersignature. You acknowledge that any such submission is non-confidential for all purposes.

“WellApps^TM” and the WellApps logo are trademarks of WellApps. You agree not to display or use these trademarks in any manner without WellApps' prior, written permission.

Copyright Policy

If you believe that any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting WellApps and providing the following information: identification of the work in question and its location on the site; identification your work that you believe is infringed; your name, address, phone number and e-mail address; a statement by you that you have a good faith belief that the use of such materials is not authorized by the copyright owner, a statement that the information you have provided is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on the owner’s behalf; and a signature or electronic equivalent thereof of the copyright owner. Please send such statement to support@wellapps.com.

For any questions or comments, or to report violations of this agreement, contact us at: support@wellapps.com.

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Terms of Service

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