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Terms of Use

These Terms of Use govern your access and use of any of the web pages accessible from our website at http://www.wellpledge.com/ (“Website”). By accessing or using any part of our Website, you agree to be bound by these Terms of Use.

We reserve the right, which we may exercise in our sole discretion at any time without prior notice, to discontinue, remove, modify or alter any aspect of the Website or these Terms of Use. We will publish any changes we make to these Terms of Use on the Website. It is your responsibility to periodically check these Terms of Use for any changes. By using the Website after we publish any changes to the Terms of Use, you agree to accept those changes, whether or not you have reviewed them.

If you do not understand or agree to be bound to these Terms of Use, you may not access or use the Website.

Who May Access and Use the Website

Access and use of the Website is restricted to noncommercial purposes by individuals over 18 years of age who comply with these Terms of Use. If you are under 18 years of age, you may only access or use the Website through a legal guardian. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE UNDER ANY CIRCUMSTANCE.

No Medical Services or Advice is Provided on the Website

The content and services displayed in or accessible through the Website, regardless of the form or source, is not and should not be construed as medical advice or opinion. Nothing in the content, depictions and/or information found in or accessed through the Website, including within the postings of our users, is intended or should be used as a substitute for professional medical advice, diagnosis, or treatment. Further, we do not represent or warrant that any products or services offered, promoted or identified in and through the Website are safe, appropriate or effective for you. We strongly recommend that you always seek the advice of your physician or other qualified health professional regarding your health or medical conditions.

We do not provide, and are not qualified to provide, medical advice, diagnosis, or treatment to anyone, including you, and therefore we have no obligation to do so. If you have, or suspect that you have, a medical problem or condition, we strongly urge you to contact a qualified healthcare professional immediately. If you are in the United States and are experiencing a medical emergency, dial 911 or call for emergency medical help on the nearest telephone.

Privacy

You agree that you have read, understood, and accept our Privacy Policy, which is published on the Website.

Registration Information

When registering as a member or a supporter (“Registered User”), you agree to provide us true, accurate and complete information about yourself (“User Information”) and to maintain and promptly update your User Information to keep it accurate. We have the right to suspend or terminate your account if we reasonably believe or suspect you provided your User Information is untrue, inaccurate or incomplete.

Registered Users are identified by a user name and may access portions of the Website by entering a unique password. Maintaining the confidentiality and security of your user name and password is entirely your responsibility. You may not use anyone else’s user name and password, and you agree to notify WellPledge if you believe or suspect there has been unauthorized access of your membership account.

Standards of Conduct and Use

You are entirely responsible for all of your activities in the Website, including for any content you transmit to and through the Website. You agree to not post, email, upload, or otherwise transmit information or material to and through the Website that (a) is false, inaccurate or misleading; (b) is pornographic, obscene or indecent; (c) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person; (d) is defamatory, libelous, threatening, abusive, hateful, or racially, ethnically or otherwise objectionable; (e) contains or installs any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or the Website; or (f) violates any applicable local, state, national, or international law.

The marketing or soliciting of services, products or survey participation on the Website, or the harvesting of emails from the Website is strictly prohibited.

We have the right, but not the obligation, to remove any content that we believe is abusive, illegal, disrespectful, disruptive, or otherwise violates the above standards.

Postings and Communications with Others

We do not represent or guarantee the truthfulness, accuracy, or reliability of any information or material posted or otherwise transmitted by users of the Website, nor do we endorse any opinions expressed by such users (collectively, the “Postings”). We have no obligation to, and therefore do not, prescreen, review the accuracy, integrity or quality of, or otherwise monitor the Postings of others; and therefore, you agree that we are not, and will not be under any circumstance, responsible or liable to you in any way whatsoever for any damage or loss you sustain arising from, or as a result of, Postings by others.

We generally do not review, verify or inquire further into the information provided by Registered Users or their background, and therefore it is your responsibility to use reasonable precautions when interacting with others on the Website. You agree that you are solely responsible for your interactions and communications with other Registered Users, and that we are not, and will not be, under any circumstance, liable to you in any way whatsoever for any damage or loss you sustain or other result arising from or as a result of your interactions and communications with other Registered Users.

Third-Party Content

As a convenience to you, the Website may contain links to third-party websites. We have no control over and do not endorse any content, advertising, products, or other materials on or available from such websites. You agree that we do not guarantee the accuracy or completeness of any information on third-party websites and are not responsible for any content, advice, advertising, products, or other materials on those websites. Under no circumstance will we be responsible or liable, directly or indirectly, for any loss or damage that results or may result from your use of, or reliance on, any content, advertisements, products, or other information available on any other website directly or indirectly linked from the Website.

Your Submissions to the Website

If you send, email, post or otherwise transmit to us or this Website information, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about you, your health or medical conditions, or other materials (collectively, the “Submissions”), the Submissions will be, and shall remain, our property.

Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we will not be liable to you for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns, a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and/or display any Submissions, in whole or in part and with or without the use of your name, worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks, and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions.

You also warrant to us that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant us this license. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider or the owner of the Submissions.

Intellectual Property

All trademarks, service marks and logos or copyrights displayed and used in this Website, including the content and other materials available through the Website, are the property of their respective owners. Nothing in this Website should be construed as granting any right or license to use any trademarks, service marks and logos or copyrights without the written permission of its owner.

We respect the intellectual property rights of others and expect you to do the same. If we become informed that you have infringed on another person’s intellectual property rights, we may remove any such infringing material from the Website or disable and/or terminate your account.

We will promptly respond and address reported claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998. If you are a copyright owner or otherwise authorized to act on behalf of the owner or under an exclusive right, you may report alleged copyright infringements on or through the Website by contacting us as provided below.

Consent to Receive Email

We may send you periodic emails regarding the Website, our services, or information that we believe might be of interest to you. You can opt-out of receiving these emails at any time by following the unsubscribe instructions or changing your email preferences in your account profile.

Disclaimer of Warranties

We make no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the Website. We make no guarantee of the accuracy, correctness or completeness of any information on the Website, and we are not responsible or liable for: (a) errors of omission arising from the use of such information; (b) failures, delays or interruptions in the delivery of any content or service within the Website; and (b) any defamatory, libelous or unlawful material contained within the Website, including within user generated content. You acknowledge and agree that any reliance upon any opinion, advice, statement or information provided through, or in conjunction with, the Website shall be at your sole risk.

YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.

WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR WITH LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF OUR NEGLIGENCE OR GROSS NEGLIGENCE.

Indemnification

You agree to defend and indemnify us and our officers, directors, employees, and agents from and against any claim, cause of action or demand, including, without limitation, legal fees brought by third parties as a result of: (a) your use of the Website; (b) your breach of this agreement; (c) your violation or alleged violation of any law, rule or regulation related to the Website or its services; or (d) your violation or alleged violation of any third party’s intellectual property rights.

Disputes

You agree that if you have a dispute or claim with us, you will first contact us by email at disputes@wellpledge.com and attempt to informally resolve any dispute you have with us. If we are unable to resolve your dispute informally, then both of us agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief, and for small claims, both of which are addressed below) arising out of or relating to these Terms of Use by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided in these Terms of Use.

Unless you and we agree otherwise, the arbitration will be conducted in the county where you reside. The AAA rules will govern payment of all arbitration fees and charges. We will pay the arbitration fees for claims less than $75,000, provided your claim is not frivolous, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). If you receive an arbitration award that is more favorable than any offer we make to resolve your claim, we will pay you $1,000 in addition to the award. We agree to not request an award of our attorneys’ fees and costs in connection with the arbitration unless the arbitrator determines that your claim is frivolous. The award rendered by the arbitrator may be entered in any court of competent jurisdiction.

The arbitration or the informal dispute-resolution process described above will not apply to claims that seek injunctive or other equitable relief, including, without limitation, relating to unauthorized access, use or abuse of the Website, or intellectual property infringement (collectively “Equitable Relief”). Any claim that seeks Equitable Relief will be brought and maintained in the federal or state courts of Cook County, Illinois USA, and both of us unconditionally consent to venue and personal jurisdiction of such courts. The arbitration and the informal dispute-resolution process will also not apply to claims that qualify and are within the jurisdictional limits of the small claims court of Cook County, Illinois, USA, or the United States county where you reside. Any such small claim may be brought in Cook County, Illinois, USA or in the United States county where you reside.

You unconditionally agree to only resolve your claims and disputes with us on an individual basis and that you will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative legal action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

If our agreement to arbitrate is found to not apply to you or your claim, we both agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois, USA, and both of us unconditionally consent to venue and personal jurisdiction of such courts.

Controlling Law

These Terms of Use will be governed by Illinois law without giving effect to any principles of conflicts of law.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to the subject matter of these Terms of Use and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms of Use. These Terms of Use create no third-party beneficiary rights.

Waiver, Severability & Assignment

Our failure to enforce a provision of these Terms of Use is not a waiver of our right to do so later. If a provision of these Terms of Use is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights or obligations under these Terms of Use, and any such attempt will be void. We reserve the right to assign our rights and duties to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Website.

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