2. Access and Account Security
3. Restrictions on Use of the Site
You shall not directly or indirectly through or with one or more other persons (a) decompile, disassemble, or reverse engineer the Site to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of the Site, or (iii) copy any ideas, features, functions, or graphics of the Site; (b) use the Site to develop a competing service or offering; (c) unless otherwise explicitly permitted in a separate agreement with us, provide, lease, lend, use for timesharing or service bureau purposes, or otherwise use or allow others to use the content provided by the Site for the benefit of any third party; or (d) unless otherwise explicitly permitted in a separate agreement with us, remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Site.
4. Other Restrictions on Use and Access of the Site
You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties. In addition, when using or accessing the content the Site, you shall not directly or indirectly through or with one or more other persons:
- post or transmit any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or violates any law or right of us or any third party;
- abuse, harass, impersonate, intimidate, or threaten any user;
- post or transmit any content that links to marketing schemes or off-topic content;
- post or transmit any content that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the features or functionality of any software, hardware, or telecommunications equipment;
- use any robot, spider, scraper, or other automated means to access or use the content generated by the Site for any purpose without our express written permission, or otherwise take any action that may impose an unreasonable or disproportionately large load on our infrastructure;
- bypass any measures we may use to prevent or restrict access to or use of Site, or otherwise interfere or tamper with our administration or the proper working of the Site; or
- take any other action that is improper, unfair, or otherwise adverse to us or to the operation of the Site or detrimental to any user of the Site.
5. Intellectual Property Rights
The Site and its content which is owned or licensed by Wellbe, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, or our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except for: (i) temporary storage of such materials on your computer in RAM or caching incidental to your access and viewing of those materials, and (ii) if you are a Patient User, you may print off one copy of a reasonable number of pages of the Site as necessary solely for your own medical treatment. We reserve all right, title, and interest, express or implied, in and to the Site, our software and systems, our web applications, development tools, System Data, and other application services, and our logos, marks, data, information, and other content we provide (collectively the “Wellbe Technology”). “System Data” means technical, configuration, statistical, utilization, and other information related to the use of the Site.
6. Your Data, User Content
9. Disclaimer of Warranties.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WELLBE, AND ITS AFFILIATES AND SUBSIDIARIES AND SUCCESSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATITVES, INDEPENDENT CONTRACTORS AND 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 LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, 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.
“Feedback” means suggestions, comments, requests, improvements, modifications, defect, bug and error reports, and other feedback provided by you or with respect to the Site or any of our offerings. Feedback is voluntary. We are not required to hold Feedback in confidence. You hereby grant Wellbe an irrevocable, non-exclusive, perpetual, royalty-free, worldwide license (with the right to assign and sublicense) to use, display, copy, distribute, make derivative works of, sell, and import such Feedback and products and services that incorporate such Feedback.
12. General Provisions
12.6 How to Contact Wellbe.
You can contact us via email (firstname.lastname@example.org) or at the following address:
8025 Excelsior Dr., Suite 108
Madison, WI 53717