Updated: June 7, 2012
Welcome to the WellTree.org website http://welltree.org (“WellTree.org”) which is owned and operated by WellTree LLC, a California limited liability company (“WellTree” or the “Site”). The Site materials on WellTree.org are primarily owned by WellTree. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and WellTree. The Site Services are hosted in the United States of America.
Accepting the Terms
The services offered on WellTree.org include information, tools, functionality, features, content, applications offered from time to time by WellTree in connection with the Site, email newsletters and emails with special offers by WellTree and third parties, updates about the Site, contests and other offerings (collectively, the “Service”). By using the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the WellTree.org web site) or you are a “Member” (which means that you have registered with WellTree). The term “you” or “User” refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. If and when you register to become a Member of the Site, you agree to: (a) provide true, accurate, complete, and current information (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data or to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, WellTree reserves the right to terminate your membership, or your use of the Site.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with WellTree. Your Membership may be terminated without warning, if we believe that you are under the legal age to form a binding agreement with WellTree.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
Description of the Service
The Service is to provide a website featuring information in the fields of personal health care and nutrition. The Service is provided to you by WellTree as a free service and is meant as recreational and informational aid. It is not intended to provide medical, health, legal, or tax advice.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Username, allows you to access the Service. That Username and password, together with any other contact information you provide, form your “Registration Information.”
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.
You are entirely responsible for maintaining the confidentiality of your Registration Information. If you become aware of any unauthorized use of your Registration Information, you agree to notify WellTree immediately at: firstname.lastname@example.org.
Your Use of the Service
Your right to access and use WellTree.org and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use WellTree.org for lawful purposes.
You may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate.
Your access and use of WellTree.org may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of WellTree.org or other actions that WellTree, in its sole discretion, may elect to take.
WellTree may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your WellTree account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. WellTree may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for WellTree.org. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your WellTree.org Username and some information about your account. Depending upon which alerts you select, information such as portfolio balance may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords, usernames, materials and other content to WellTree through the Service, you are licensing that content to WellTree solely for the purpose of providing the Service. WellTree may use and store the content, but only to provide the Service to you. By submitting this content to WellTree, you represent that you are entitled to submit it to WellTree for use for this purpose, without any obligation by WellTree to pay any fees or other limitations.
WellTree’s Intellectual Property Rights
The contents of WellTree.org, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, trade secret and other laws. The contents of WellTree.org belong or are licensed to WellTree or its software or content suppliers (the “WellTree Content”). WellTree grants you a limited, revocable, nonsublicensable license to use the WellTree Content (excluding software code) solely for your personal use in connection with viewing the Site and using the Service. You may download or print a copy of information provided on WellTree.org for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from WellTree.org in whole or in part for any other purpose is expressly prohibited without our prior written consent by contacting WellTree at: email@example.com.
Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor WellTree.org or any portion of WellTree.org, without WellTree’s express written consent, which may be withheld in WellTree’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search WellTree.org, other than the search engines and search agents available through the Service and other than generally available third-party web browsers;
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of WellTree.org or the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of WellTree.org or the Service.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH WELLTREE.ORG OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WELLTREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF WELLTREE.ORG OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WELLTREE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON WELLTREE.ORG OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WELLTREE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
The Site Does Not Provide Medical Advice
The contents of the WellTree Site and the WellTree Content are for informational purposes only. The WellTree Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. 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 WellTree Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. WellTree does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by WellTree, WellTree employees, others appearing on the Site at the invitation of WellTree, or other visitors to the Site is solely at your own risk.
The Site may contain health-related or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. WellTree does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that WellTree shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
WellTree Community and Member to Member Areas (“Public Areas”)
If you use a Public Area (such as healing stories, wellness articles, blogs, groups, forums, member profiles, etc), you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. WellTree and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by WellTree in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of WellTree, exposes WellTree or any of its customers or suppliers to any liability or detriment of any type.
WellTree reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user’s access to any or all Public Areas and/or the WellTree Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the WellTree Site, regardless of whether such communication(s) violate these standards.
WellTree or its licensors have no liability or responsibility to users of the WellTree Site or any other person or entity for performance or nonperformance of the aforementioned activities.
Notice and take-down procedures; and copyright agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting WellTree’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
WellTree’s agent for copyright issues relating to this web site is as follows:
Attn: Office of Privacy
2042 Ft. Stockton Dr.
San Diego, California 92103
In an effort to protect the rights of copyright owners, WellTree maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who infringe repeatedly.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to WellTree by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to WellTree by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to WellTree by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted WellTree a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. WellTree may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to WellTree by email. We try to answer every email in a timely manner, but are not always able to do so.
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the WellTree site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
By uploading any media like a photo or video, (a) you grant to WellTree a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes WellTree to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify WellTree and its affiliates, directors, officers and employees, holding them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
WellTree reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Limitations on WellTree’s Liability
WELLTREE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO WELLTREE.ORG, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WELLTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WELLTREE ‘S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of WellTree
You shall defend, indemnify and hold harmless WellTree and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending your relationship with WellTree
This Agreement will continue to apply until terminated by either you or WellTree as set out below. If you want to terminate your legal agreement with WellTree, you may do so by canceling your registration (as a Member) for the Service.
WellTree may at any time, terminate its legal agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if WellTree in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
WellTree may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the WellTree.org site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing Law and Forum for Disputes
This Agreement, and your relationship with WellTree under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with WellTree, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of San Diego, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case WellTree may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, WellTree is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with WellTree, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if WellTree does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which WellTree has the benefit of under any applicable law), this will not be taken to be a formal waiver of WellTree’s rights and that those rights or remedies will still be available to WellTree.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and WellTree regarding the subject matter of the same, and supersedes all other previous agreements.
WellTree makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
Software available in connection with the Services (the “Software”) is further subject to United States of America export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAIN ABOVE.