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Terms of Service

Thank you for visiting CWellness.com. CWellness.com is informational website dedicated to providing access to quality content regarding health and wellness for individuals dealing with cancer. We hope you enjoy your visit and the use of our Services. Before you use the Services, please read the following terms and conditions (the “Terms of Service”), which govern your use of this website (the “Website”) and any other applications, functionality or services offered by Cwellness, Inc. (collectively, the “Services”).

 

Terms of Service

These Terms of Service constitute an agreement between you and Cwellness, Inc. (“CWellness”). By using or accessing any portion of the Services you agree to be bound by these Terms of Service, so please read these terms carefully before using or accessing Services. If you do not agree to and accept these Terms of Service, please do not register for an account or use the Services in any manner. All individuals who access or otherwise use the Services, including casual visitors to the Website, are referred to in these Terms of Services as “Users.”

1. Medical Disclaimer

You understand that the content provided through the Services is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You agree that the content provided on the Services is solely for educational purposes, and your use of the Services does not create a physician-patient relationship between you and CWellness, its agents, licensees, or any other third party that provides content through the Services. You should not rely on information provided through the Services for your own health needs. If you have a health-related problem, or any specific medical questions, please consult with your health care provider.

2. Privacy

Your privacy is important to CWellness. In addition to reviewing these Terms of Service, please read our Privacy Policy, which identifies how CWellness uses, collects, and stores information it collects through the Services. By using the Services, you additionally agree that you are comfortable with CWellness’ Privacy Policy.

3. Your Account

3.1 In order to use some features of the Services, such as viewing videos, and posting comments, you will need to register with CWellness and create an account. When registering, you may be asked to provide certain personal information, such as your email address. Please see CWellness’ Privacy policy for CWellness’ data-retention and usage policies. You agree not to create, for yourself or on behalf of someone else, an account using false or misleading information. Any accounts created using intentionally misleading information are subject to termination at CWellness’ sole discretion. Please note that using a pseudonym on the Services will not violate this provision. If you have been banned or had your account revoked at any time, you may not register for another account.

3.2 You agree not to create an account on behalf of someone other than yourself and not to use a username that is offensive, vulgar, or obscene. Accounts created using misleading or offensive information are subject to termination at CWellness’ sole discretion. If you were previously banned or had your account revoked at any time, you may not register for another account.

3.3 If you register or set up an account with CWellness, you will be responsible for maintaining the confidentiality of your username and password. You may not share, transfer or authorize others to use your username and password or your account without prior written approval from CWellness. Any attempt to do so will be considered a violation of these Terms of Service.

3.4 You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any other person, with or without authorization.

3.5 If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure of your password), please contact us here.

4. Obligations and Restrictions on Use

Your use of the Services is subject to the following restrictions and obligations:

a. You may not sell, rent, or otherwise offer the Services to others, without CWellness’ prior written consent.

b. You may not use the Services in any way that is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, but not limited to, any behavior that infringes or violates any other person’s or entity’s rights, or that CWellness, in its sole discretion, finds to be harmful.

c. You may not provide or post on or through the Services any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, or commercial offers. You may not repeatedly post the same material.

d. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post through the Services does not violate the privacy, copyright, trademark, trade secret, publicity right or any other personal or proprietary rights of any person or entity.

e. You agree to comply with all applicable laws, including, but not limited to, any privacy laws, as well as CWellness’ policies when you use the Services.

f. You may not use the Services in any way that interferes with the operation of the Services or impacts or harasses any other User, host, or network, or circumvents any of the Services’ security protections.

g. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Services or its associated software, hardware, or servers in any way, and you agree not to impede or interfere with others’ use of the Services.

h. You may not attempt to gain unauthorized access to CWellness’ servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Services or otherwise.

i. You must be at least 13 years old to use the Services.

5. User Content

5.1 Contributing Content. Some portions of the Services may allow you to upload and post content (such as text, images, and commentary) to the Services (collectively, “User Content”). You represent and warrant that you have all rights necessary to upload the User Content to the Website and grant the rights granted by you to CWellness and other Users pursuant to these Terms of Service.

5.2 License to User Content. By uploading or posting your User Content to the Services, you grant CWellness a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, royalty-free, sublicenseable, and transferable license to use, reproduce, reformat, distribute, prepare derivative works of, display, and perform your User Content in any medium as necessary to provide the Services.

5.3 Monitoring of Content. CWellness reserves the right, but is not obligated, to monitor your usage of the Services, and to review, edit, move or delete any User Content, in its sole discretion, without notice, at any time. User Content that is flagged by other users may be reviewed by CWellness and taken down if CWellness believes that the flagged User Content violates these Terms of Service.

6. Ownership of CWellness Services and Content

Except for any User Content, CWellness owns and retains all rights in and to the Services, including, but not limited to, the design, functionality and architecture of the Services, as well as any software, logos, or content provided through the Services, including any intellectual property or other proprietary rights contained therein (collectively, “CWellness IP”). You must seek permission from CWellness if you desire to use the Services in a way that is not outlined in these Terms of Service. Except for any rights explicitly granted under these Terms of Service, you are not granted any rights in and to any CWellness IP.

7. Copyright Notices

CWellness respects the intellectual property rights of others, and asks you, the user, to do the same. CWellness may, in appropriate circumstances and at its discretion, suspend or terminate the access of, or take other action against, users who infringe the copyright of others.

If you believe that your work is accessible on the services in a way that constitutes copyright infringement, in accordance with the Digital Millenium Copyright Act 17 U.S.C § 512(c)(3), you may notify us by sending an email or written notice to CWellness’ designated agent for infringement claims that includes the following information:

a. A physical or electronic signature of person authorized to act on behalf of the owner of a right that is allegedly infringed;

b. Description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing and access to which is to be disabled, along with information reasonably sufficient to permit CWellness to locate the material, such as a URL identifying where it is located on the Services;

d. The address, telephone number, and if available, an electronic mail address at which you may be contacted by CWellness;

e. A statement by you, stating that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you under the penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the rights-holder whose right is allegedly infringed.

CWellness’ Designated Agent for Claims of Infringement:
Jeff Sirlin
230 Central Street
Newton, MA 02466
617.592.9794
jsirlin@cwellness.com

8. Termination or Suspension of Accounts and Access to Services

8.1 CWellness has the right to terminate or suspend your account or your ability to access any part of the Services, for any or no reason, without notice, at any time. You may choose to delete or temporarily disable your account by contacting us here.

8.2 CWellness may change, suspend or discontinue any part of the Services including any content offered through the Services (including, but not limited to, text, user comments, messages, data, information, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips) for any reason, at any time, in its sole discretion. CWellness may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

9. Comments or Actions by Others Are Not Endorsed by CWellness

CWellness does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted or otherwise provided by any individual or other entity through the Services. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of CWellness or its third party service providers. You agree that CWellness and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these Terms of Service.

10. Third Party Services

Certain functions of the Services may allow you to link to or provide you access to functions, content, sites, or services operated by third parties (collectively, “Third-Party Services”). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and CWellness neither endorses, nor is responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of Third-Party Services.

11. Indemnification

You agree to indemnify CWellness and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) arising out of or related to your breach of these Terms of Service or your use of the Services.

12. Disclaimer of Warranty

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” AND CWellness, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICES. CWellness, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.

13. Limitation of Liability

CWellness, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF CWellness HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Jurisdiction

The Services are offered by CWellness from its facilities in the United States. CWellness makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services are responsible for compliance with local law.

15. Choice of Law and Venue

The laws of the Commonwealth of Massachusetts, excluding its conflict of law rules, will apply to any disputes arising out of or relating to these Terms of Service or the Services. Both you and CWellness agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Suffolk County, Massachusetts.

16. Choice of Language

If CWellness provides you with a translation of the English language version of these Terms of Service, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will govern.

17. No Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CWellness’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

18. Entire Agreement

This Terms of Service constitutes the entire agreement between the parties and supersedes all previous agreements relating to the use of the Services.

19. Severability

If any provision of these Terms of Service is determined by any court or governmental authority to be unenforceable, you and CWellness agree that these Terms of Service be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable.

20. Changes to these Terms of Service

CWellness may change the terms of these Terms of Service from time to time and will post any changes to this page, so you should check back often to ensure that you are aware of the terms that govern your use of the Services. The date of the most recent revisions will appear on this page. Continued use of the Services by you will constitute your acceptance of any changes to or revisions of the Terms of Service.

Last Modified August 11, 2015