Welcome to our Website! This Website is maintained as a service to our customers and clients. By using this Website and the Product (defined below), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Product.
2. Intellectual Property Ownership
(a) Our Content. All content in and relating to the Product shall continue to be the sole and exclusive property of WellRoo or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Website or our content hosted on other sites is prohibited without express permission by WellRoo. Under no circumstances shall you acquire any explicit or implied ownership rights or other interest in any content by or through your use of the Website, Product, or other programs we run or operate. Other product and company names mentioned on this Website or in the Product may be trademarks of their respective owners.
(b) Personal Use. Conditional upon your timely payment of any fees due pursuant to the terms of your subscription (described further below), WellRoo grants you a limited, revocable, nonexclusive license to use the Product solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy Product materials, reverse engineer or break into the Product, including the Website or associated software, ascertain or copy any functionality or source codes, or use the Product in violation of any law. The use of the Product is at the sole discretion of WellRoo, and WellRoo may terminate your use of the Product at any time.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THE WEBSITE OR IN THE PRODUCT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE AND/OR THE PRODUCT AND ANY CONTENT POSTED THEREIN OR ON OTHER ASSOCIATED SITES OR PLATFORMS IS AT YOUR SOLE RISK. WELLROO DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE AND/OR THE PRODUCT SHALL BE TO DISCONTINUE USING THE WEBSITE AND/OR THE PRODUCT.FURTHERMORE, WELLROO DOES NOT WARRANT THAT USE OF THE WEBSITE AND/OR THE PRODUCT WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WELLROO, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE PRODUCT. USE OF THE WEBSITE AND/OR THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE WEBSITE AND/OR THE PRODUCT OR THE DOWNLOAD OF ANY INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. WELLROO SHALL NOT BE RESPONSIBLE OR LIABLE TO USERS, CLIENTS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH WELLROO, THE WEBSITE, OR THE PRODUCT, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE PRODUCT, ITS WEBSITE OR ANY RELATED SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE WEBSITE AND/OR THE PRODUCT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WELLROO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS
(c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THIS AGREEMENT ARE HELD TO BE UNENFORCEABLE, THE PRODUCT OWNER’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT OR LICENSE.
(d) Before participating in any educational program about behavior, behavior program or using any behavior related products, content or services that may be described and/or made accessible in or through our Website and/or Product, we strongly recommend that you consult with a physician or other behavioral healthcare provider. While some of WellRoo’s staff may be professional care providers, WellRoo, its staff, and its content providers are not rendering professional advice of any kind to you personally, including without limitation: medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching, but are merely providing general education and information to you about behavioral and parenting topics that you will use at your own discretion. If you choose to use the Product, you are solely responsible for deciding which of the education, information and/or other content you put into practice and how to apply those techniques and/or approaches. You acknowledge and agree that when participating in any behavioral program or other activity or program relating to our Product there is the possibility of physical injury, emotional distress, and/or death, and you assume the sole risk and responsibility for any such results. Subscribing to, purchasing or otherwise using or accessing the Product provided by WellRoo DOES NOT create a doctor-patient, therapist-patient, or other form of professional to patient relationship, and likewise, any information, content or lessons provided in relation to the PRODUCT, its access and use DOES NOT create a doctor-patient, therapist-patient, or form of professional to patient relationship between you and WellRoo or its staff or practitioners. Always seek the advice of a physician or other behavioral healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your medical practitioner or a qualified mental health practitioner because of any information or content you have received, accessed, learned or otherwise ascertained from our Product. If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, providers (including, but not limited to, hospitals and physicians), products, procedures, or other information that may be received, accessed, learned or otherwise ascertained via use of or access to the Website and/or the Product. Any opinions expressed in relation to the Website and/or the Product and its content or services are the opinions of the individual author, not of the Company. Reliance on any information provided by the Company, its employees, others appearing on the Website at the invitation of the Company, or other visitors to the Website is solely at your own risk.
(e) To the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any applicable state or federal court located in Hennepin County or Ramsey County, Minnesota, USA and you consent to the exclusive jurisdiction and venue in such courts. Use of our Product is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WellRoo as a result of this Agreement or use of or access to the Website and/or the Product. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the right to comply with governmental, court and law enforcement. If any provision is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect.
(f) This Agreement shall be governed and construed in accordance with the laws of Minnesota, USA applicable to agreements made and to be performed in Minnesota, USA.
(a) Prohibitions. You are prohibited from data mining, scraping, crawling, e-mail harvesting or using any process or processes that send automated queries to the WellRoo Website and our Product related programs, information and content hosted by other sites or platforms. You may not use the Product to compile a collection of listings, including a competing listing product or service. You may not use the Product for any unsolicited commercial e-mail. Further, you shall not (i) provide access to or give any part of the Product to any third party; (ii) modify, disrupt or interfere with the Product, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; (iii) reproduce, duplicate, copy, deconstruct, sell, trade, or resell the Product; (iv) excessively overload the systems used to provide the Product or cause damage to the Product by transmitting any disruptive or harmful software or data; or (v) use the Product for other than its intended purpose. WellRoo shall be entitled to monitor your use of the Product to ensure compliance with this Agreement, including the obligations under this section. If you violate the terms of this Agreement or this section, WellRoo shall be entitled to immediately terminate this Agreement and any access to or use of the Product.
(b) Intended Audience. The Product is intended for adults only. The Product is not intended for any children under the age of 18. We do not knowingly collect personal information from anyone under the age of 13. The Federal Trade Commission (“FTC”) regulates the means by which website operators collect and use personal information from children under 13, pursuant to the Children’s Online Privacy Protection Act of 1998 (“COPPA”). If we learn we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as soon as practicable. We recommend that children ages 13 to 18 seek parental permission before disclosing any personal information via the Internet. For more information about COPPA and children’s on-line privacy in general, visit the FTC’s Website at http://www.ftc.gov.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website and/or the Product. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold WellRoo and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website and/or the Product.
(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Agent:
Our Agent for Notice of claims of copyright infringement in relation to the Product is WellRoo, who can be reached as follows:
By Mail: 3800 American Blvd. West, Suite 1500 #300-030
Bloomington MN 55431
By e-mail: firstname.lastname@example.org
(f) Third Party Services. This Agreement applies only to our Website and Product, and not to the websites, platforms, software, products or services of any other companies or organizations, including those we link to or utilize in providing use of and access to the Product (“Third Party Providers”). We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products, services, information, or other materials made available through Third Party Providers. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or access to any content, goods or services available through Third Party Providers, whether or not in relation to the Website and/or the Product. You must seek our permission to link or otherwise associate any third party website, product or service with our Website or Product (including our Website) by contacting our Agent using the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Website or Product, and to require termination of any such link to any of the sites, at our discretion at any time.