Terms of Use
Last updated: April 25, 2022
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT
MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Introduction
These terms of use are entered into by and between you and WELZ LLC, a
New York limited liability company (referred to in these Terms of Use as
“Welz”). The following terms of use, together with any documents they
expressly incorporate by reference (collectively, these “Terms of Use”),
govern your access to and use of this website, including any content,
functionality, and services delivered through the domain
https://welz.com/privacy
(collectively, the “Site”). By using or accessing the Site, registering
with the Site, or by clicking to accept or agree to these Terms of Use
when this option is made available to you, you signify your accept to be
bound by these Terms of Use and Welz's Privacy Notice, which can be
found at
https://welz.com/privacy and is incorporated herein by
reference.
Changes to These Terms of Use
Welz may modify these Terms of Use from time to time in its sole
discretion. Welz will provide notice by updating this posting. You are
expected to carefully review these Terms of Use from time to time so you
are aware of any changes. Notwithstanding, if Welz makes any material
changes to these Terms of Use, Welz will notify you either through the
email address you have provided to Welz, if required by applicable law,
or by means of a prominent notice on the Site before the change becomes
effective. Any changes to these Terms of Use will be in effect as of the
“Last Updated” date referenced herein. Your continued use of the Site
constitutes your binding acceptance to these Terms of Use, including any
changes or modifications that Welz may make. If any part of these Terms
of Use or any future changes to these Terms of Use are not acceptable to
you, you must not use or access the Site.
Eligibility
THIS SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR
OLDER.
YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FROM THE
SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST
18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE
OR ANY OF THE SITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.
IF
YOU USE THE SITE OR OBTAIN SERVICES ON BEHALF OF AN ORGANIZATION OR
COMPANY, YOU THEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL
AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF
USE.
BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE,
YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY
REQUIREMENTS AND YOU HEREBY AFFIRM THAT YOU ACCEPT AND ARE BOUND BY
THESE TERMS OF USE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU
MAY NOT USE OR ACCESS THE SITE.
Intellectual Property
These Terms of Use permit you to use the Site exclusively for legitimate
business use as it relates to your business relationship with Welz and
for your personal and other non-commercial use. The Site and all
information and content contained therein is protected by contract law
and various intellectual property laws, including domestic and
international copyright laws. You may not reproduce, distribute, modify,
create derivative works of, reverse engineer, publicly display, publicly
perform, republish, download, store or transmit any of the material
contained in the Site, except that your computer or other device may
temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials, and you may store files that are
automatically cached by your browser for display enhancement purposes.
Subject to the restrictions set forth in these Terms of Use, and except
for content specifically and expressly made available for
redistribution, you may print or download information from the Site only
for legitimate business use as it relates to your business relationship
with Welz and for your personal and other non-commercial use, and not
for further reproduction, publication or distribution, provided you keep
intact all copyright and other proprietary notices.
These
Terms of Use do not grant you any right, title, interest, license
(express or implied) to any patent, trademark, service mark, copyright,
trade secret or other intellectual property right of Welz or the
respective intellectual property owners. Modification of any content on
the Site is explicitly prohibited. You are also prohibited from
utilizing this Site in any way that would damage its content or
accessibility for other visitors. As between Welz and you, Welz has and
retains exclusive and valid ownership of the Site, the names and marks
thereof, and all intellectual property, proprietary rights and
documentation therein, and you acknowledge that the foregoing constitute
valuable assets and may constitute trade secrets of Welz. Welz, and
itsassociated logos, and all page headers, custom graphics, and other
icons are service marks, trademarks, registered service marks, or
registered trademarks of Welz. All other product names and company logos
mentioned in the Site or in the information or content contained therein
are trademarks of their respective owners. In addition to complying with
all applicable laws, you agree that you will not use any such
trademarks, service marks, trade dress, or other logos from this Site
without the prior written authorization of Welz or the respective owners
of such information or intellectual property. You agree that you will
not remove, alter or obscure any copyright, legal or proprietary notices
in or on any portions of the Site or the information and content
contained therein.
The Company reserves the right to
terminate your use of the Site or the information and content contained
therein if it determines in its sole and absolute discretion that you
are involved in infringing activity, regardless of whether such alleged
infringement is a first-time or repeat occurrence and/or whether the
material or activity is ultimately determined to be infringing.
Prohibited Uses
• Not to use the Site in any way that violates federal, state, local or
international law or regulation, or generally accepted practices or
guidelines in relevant jurisdictions (including any laws or regulations
regarding the export of data or software to and from the United States
or other relevant countries);
• That you will not use the Site to
transmit or send unsolicited commercial communications;
• Not to
access (or attempt to access) the Site by any means other than through
the interface that is provided by Welz;
• That you will not attempt
to gain unauthorized access to, interfere with, damage, disrupt or
circumvent any of the security features of any part of the Site (or the
servers, networks, and databases which are connected to the Site);
•
Not to access (or attempt to access) the Site through any automated
means (including use of scripts or web crawlers);
• Not to conduct
any systematic or automated data collection activities (including
without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to the Site without Welz's express written
consent, which may be withheld in Welz's sole and absolute
discretion;
• Not to introduce any spyware, viruses, Trojan horses,
worms, keystroke loggers, rootkits, logic bombs or other material which
is malicious or technologically harmful to the Site (or the servers,
networks, and databases which are connected to the Site);
• Not to
use the Site to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software;
• That you will not edit or otherwise modify any
content on the Site that is not owned by you or another person or entity
for whom you act as their agent;
• That you will not engage in any
activity that interferes with or disrupts the Site (or the servers,
networks, and databases which are connected to the Site);
• That
you will not impersonate or attempt to impersonate Welz, a Company
employee, another user or any other person or entity (including, without
limitation, by using e-mail addresses associated with any of the
foregoing);
• That you will not reproduce, redistribute, republish,
duplicate, copy, display, sell, rent, sub license, trade or resell any
content or other aspect of the Site for any commercial purpose (except
for content specifically and expressly made available for
redistribution); and
• That you are solely responsible for (and
that Welz has no responsibility to you or to any third party for) any
breach of your obligations under these Terms of Use and for the
consequences (including any loss or damage which you may suffer) of any
such breach, and that you will indemnify, defend and hold Welz harmless
from and against any and all claims resulting from your breach of your
obligations under these Terms of Use.You agree to use the Site only for
lawful purposes and in accordance with these Terms of Use.
Informational Content
The information presented on or through the Site is made available
solely for informational purposes. Welz uses reasonable efforts to
update the information on the Site. However, the contents of the Site
are subject to change without notice. Welz does not warrant the
accuracy, completeness or usefulness of this information. Any reliance
you place on such information is strictly at your own risk. Welz
disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Site, or by
anyone who may be informed of any of its contents.
This Site
may include content provided by third parties. All statements and/or
opinions expressed in these materials, and all content other than the
content provided by Welz, are solelythe opinions and the responsibility
of the person or entity providing those materials. These materials do
not necessarily reflect the opinion of Welz. Welz is not responsible, or
liable to you or any third party, for the content or accuracy of any
materials provided by any third parties.Please contact us at
help@welz.com if you have questions about the information presented on
the Site.
Third Party Sites and Content
This Site may contain links to other Internet sites or apps that Welz's
business partners and other third parties own or operate. Your use of
each of those sites is subject to the terms of use, if any, of such
third party sites. Welz has no control over third-party sites and is not
responsible for any changes to or content on them. Welz's inclusion of
any content is not an endorsement of that material or link or the
companies that own or operate the material or linked sites or apps.
The Site Does Not Provide Medical Advice
The Site's content is not intended to be a substitute for professional
medical advice, diagnosis, or treatment. Access to or use of the Site,
or communication within, from or to the Site, does not create a
doctor-patient relationship. Always seek the advice of your physician or
other qualified health provider with any questions you may have
regarding a medical condition. Never disregard professional medical
advice or delay in seeking it because of something you have read on the
Site.
If you think you may have a medical emergency, call
911 immediately or seek appropriate
professional medical treatment.
Social Media Features and Linking to the Site
You may link to the Site, provided you do so in a way that is fair and
legal and does not damage Welz's reputation or take advantage of it, but
you must not establish a link in such a way as to suggest any form of
association, approval or endorsement on Wels'z part without Welz's
express written consent.
This Site may provide certain
social media features that enable you to:
• Link from your own or
certain third-party websites to certain content on this Site.
•
Send e-mails or other communications with certain content, or links to
certain content, on this Site.
• Cause limited portions of content
on this Site to be displayed or appear to be displayed on your own or
certain third-party websites. You may use these features solely as they
are provided by us and solely with respect to the content they are
displayed with. Subject to the foregoing, you may not:
• Establish
a link from any website that is not owned by you.
• Cause the Site
or portions of it to be displayed, or appear to be displayed by, for
example, framing, deep linking or in-line linking, on any other site.
•
Link to any part of the Site other than the homepage.
• Otherwise
take any action with respect to the content in the Site that is
inconsistent with any other provision of these Terms of Use.Welz may
disable all or any social media features and any links at any time
without notice in Welz's sole and absolute discretion.
Risk Allocation
No Warranties: YOUR USE OF THE SITE, ITS CONTENT AND ANY
SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS
CONTENT AND ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER WELZ NOR ANY PERSON ASSOCIATED
WITH WELZ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY
OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WELZ NOR ANYONE
ASSOCIATED WITH WELZ REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT
OR ANY ADVICE OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY ADVICE OR
SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN
SHALL AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
Limitation of Liability: IN NO EVENT WILL WELZ, ITS
PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE
PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE SITE, ANY WEBSITES OR OTHER APPS LINKED TO THE
SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR APPS, OR ANY
SERVICES OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES OR APPS,
INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR
ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND
WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE OR IF WELZ HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.THE FOREGOING DOES NOT AFFECT ANY LIABILITY
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Modifications, Interruption of Service and Account Security
Welz reserves the right to modify or discontinue this Site with or
without notice to the user. Welz shall not be liable to any user or any
third party should Welz exercise its right to modify or discontinue the
Site. Welz does not guarantee continuous, uninterrupted or secure access
to Welz Site. The operation of Welz Site may be interfered with or
adversely affected by numerous factors or circumstances outside of Welz
control.
To access the Site or some of the resources it
offers, you may be asked to provide certain registration details or
other information. It is a condition of your use of the Site that all
the information you provide on the Site is correct, current and
complete. You agree that all information you provide to register with
this Site or otherwise is governed by Welz's Privacy Notice, and you
consent to all actions Welz takes with respect to your information
consistent with Welz Privacy Notice and applicable law.
If
you choose, or are provided with, a user name, password or any other
piece of information to enable you to access the Site or as part of Welz
security procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to
provide any other person with access to this Site or portions of it
using your user name, password or other security information.You agree
to notify us immediately of any unauthorized access to or use of your
user name or password or any other breach of security. Welz shall have
the right to disable any user name, password or other identifier,
whether chosen by you or provided by Welz, at any time in Welz sole
discretion for any or no reason, including if, in Welz opinion you have
violated anyprovision of these Terms of Use.
Information About You and Your Visits to the Website
All information Welz collects on this Site is subject to Welz's Privacy
Notice stated below. By accessing or using the Site, you consent to all
actions Welz takes with respect to your information consistent with Welz
Privacy Notice and all applicable law(s).
Geographic Restrictions
Welz is based in the State of New York in the United States of America
and is intended solely for residents of the United States. Welz makes no
representations that the information on the Site is appropriate or
available for use in all locations. This Site should not be used outside
of the United States. Use of or access to the Site may not be legal by
certain persons or in certain countries. By accessing or using this
Site, you do so at your own risk and are responsible for compliance with
the laws and regulations of your own jurisdiction and any jurisdiction
from which you access or use the Site.
Indemnification
You agree to defend, indemnify and hold harmless Welz and its successors
and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees (including reasonable
attorneys' fees) arising out of or relating to your violation of these
Terms of Use or your use of the Site, including, but not limited to, any
use of the Site's content or services other than as expressly authorized
in these Terms of Use or your use of any information obtained from the
Site. You shall not enter into any settlement which imposes obligations
of any kind, financial or otherwise, without Welz's prior written
consent.
Termination and Survival
Welz may terminate your access to the Site at any time, with or without
cause, with or without notice, effective immediately. All provisions of
these Terms of Use, which by their nature should survive termination,
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
liability.
General
Governing Law: These Terms of Use and all matters
arising from them are governed by and construed in accordance with the
laws of the State of New York, exclusive of its choice of law rules,
whose courts shall have exclusive jurisdiction over all disputes arising
in connection with these Terms of Use and the place of performance of
these Terms of Use is agreed by you to be the State of New York. In any
action to enforce these Terms of Use, the prevailing party will be
entitled to costs and attorneys' fees. Nothing in these Terms of Use
limits either party's ability to seek equitable relief. Welz shall be
entitled to reasonable attorneys' fees and costs in connection with
enforcing any provision of these Terms of Use.
No Waivers: No waiver by Welz of any term or condition
set forth in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition, and any failure by Welz to assert a
right or provision under these Terms of Use shall not constitute a
waiver of such right or provision.
Assignment: You may not assign any of your rights or
delegate any of your obligations under these Terms of Use without Welz
prior written consent, which may be withheld in Welz's sole and absolute
discretion. Any purported assignment or delegation in violation of this
prohibition on assignment shall be deemed null and void. Further, no
assignment or delegation, consensual or otherwise, will relieve you of
any of your obligations under these Terms of Use.
Notices: Welz may provide any notice to you under these
Terms of Use by: (i) sending a message to the e-mail address you
provide, in accordance with your consent and/or applicable law or (ii)
by posting a notice to the Site. Notices sent by e-mail will be
effective when Welz sends the e-mail and notices Welz provides by
posting will be effective upon posting. It is your responsibility to
notify Welz of any changes to the email address you provide to Welz.
To
give us notice under these Terms of Use, you must contact us as follows)
by sending a message to help@Welz.com; or (ii) by personal delivery,
overnight courier, or registered or certified mail to Welz LLC at 630 9
th Avenue, Suite 1415, New York, NY 10036. Welz mayupdate the
e-mail address or mailing address or notices to us by posting a notice
on the Site. Notices provided by personal delivery will be effective
immediately. Notices provided by e-mail or overnight courier will be
effective one business day after they are sent. Notices provided by
registered or certified mail will be effective three business days after
they are sent.
Entire Agreement: These Terms of Use, together with any
documents expressly referred to in them, constitute the entire agreement
between you and Welz with respect to the Site, and supersede all
previous written or oral agreements.
Reformation/Blue-Pencil: If any part of these Terms of
Use is determined to be invalid or unenforceable pursuant to applicable
law, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Terms of
Use shall continue in effect.
Limitations or Exclusions Not Applicable: Some states
do not allow exclusion of implied warranties or limitation of liability
for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. In such states, Welz's liability and
that of Welz third-party content providers and their respective agents
shall be limited to the greatest extent permitted by applicable law.
Contact Information: All feedback, comments, requests
for technical support and other communications relating to the Site
should be directed to Welz at help@welz.com.