Terms of Use (User Agreement)

Updated July 1, 2019

Policy Changes

As new features are added to the Site or legal requirements change, the Privacy Policy and User Agreement may be modified. WellPower, Inc. (“WellPower” or “We”) may update and change the Terms of Use from time to time without notice to you. You are responsible for reviewing the Terms of Use and the Privacy Policy on a regular basis to make sure you are still in agreement to comply with them. By using or accessing the Website and Services after changes have been made to the Website and Services or these Terms of Use or Privacy Policy, you are agreeing to accept those changes.

1. Acceptance of Terms

By agreeing to the Terms of Use, you are agreeing to all applicable terms and restrictions including these additional terms of use. You agree that you are able to accept the Terms of Use for the Website and Services and that you will use the Website and Services in a manner consistent with these Terms of Use. WellPower provides access to this Website ("Site") and the other services provided by us through this Site, either in whole or in part, through the Internet subject to your acceptance of the User Agreement ("Agreement"), which may be amended by WellPower at any time. Amendments are effective within 15 days after posting on the Site. By becoming a User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement. When using a particular service through this Site, you may also be subject to any posted guidelines, rules, terms of service, codes of conduct or other contractual provision as noted, including the Disclaimer, Privacy Policy, and User Agreement.

2. Types of Users

Any person accessing the Site or other services provided by WellPower through this Site, either manually or via an automated device or program, to the extent permitted hereunder, shall be considered a "User." All Users are bound by the terms of this Agreement. Users must be at least 14 years old.

3. Acceptable and Lawful Use; No Endorsement of Content

Users shall comply with all appropriate laws, statutes and regulations regarding the use of this Site. WellPower makes no representations or endorsements regarding the quality, accuracy, and reliability of information posted on the Site.

4. Protecting Your Information

You should keep any correspondence you receive relating to the Website and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails, order information, or any other information) confidential and in a safe place. If other people have access to your computer, handheld device, user ID or password, or other personal information, they may be able to access information you have obtained from the Website and Services. WellPower is not responsible for the security of privacy of any such information under these circumstances. You agree to notify WellPower at info@wellpoweronline.com (write “Privacy Breach” in the Subject line) if you learn of or suspect any loss or unauthorized use of your login information (user ID or password). WellPower is also not responsible for the security of your internet access services provider and you should review their security and privacy policies carefully.

5. Dispute Resolution

Users agree to use the dispute resolution procedures set forth in this Agreement with respect to any controversy or claim arising out of or relating to this Agreement or its breach. Any dispute between WellPower and Users arising out of or in connection with this Agreement shall be settled by a binding arbitration in Morris County, New Jersey in accordance with the then-current rules and procedures of the American Arbitration Association. The arbitrator shall apply the law in accordance with the choice of law provisions contained within this Agreement. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Users agree that, any provision of law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. Any disputes between Users are not the responsibility of WellPower.

6. Severability

If an arbitrator or other legal authority determines that any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated and the remaining Terms of Use will remain in force and effect and continue to apply to your use of the Website and Services.

7. Governing Law; Attorneys' Fees

The Website and Service are intended only for access and use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America and its territories, and therefore may not comply with legal requirements of foreign countries. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the expenses of the arbitration, including reasonable attorney’s fees, will be paid for by the party against whom the award of the arbitrator is rendered.

8. Intellectual Property

The Website and Services contain copyrighted works, trademarks and other proprietary material owned by WellPower or our information providers. The Site is protected by federal and international copyright and trademark laws. If no restrictions are displayed, you may print, download, or make copies of materials from the Website and Services for your own personal and non-commercial use only. Except as just provided, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images, or reverse engineer, decompile, disassemble, modify or create derivative works from the Website and Services without written permission from WellPower. In addition, you may not modify, alter, revise, paraphrase, omit, change, create derivative works, or modify or obliterate any copyright notice or other warning on any material or images from the Website or Services without written permission from WellPower. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by WellPower.

9. No Warranty

WELLPOWER PROVIDES ACCESS TO THIS SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WELLPOWER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED WEBSITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WELLPOWER MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET USER REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES WELLPOWER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WELLPOWER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR SERVICE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM WELLPOWER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. Medical and Other Advice

WellPower is not authorized to provide and does not engage in providing medical advice. All information in the Website and Services is for User’s educational and informational purposes only. This information is not intended as a substitute for consultation with User’s doctor or other licensed medical professional and should not be used to diagnose or treat a health problem. User should consult with User’s doctor to assist in evaluating the appropriateness of any information provided by the Website and Services. User should never disregard, avoid or delay obtaining medical advice from a licensed professional because of something in the Website or Services. In no event will WellPower be responsible for any decision made or action taken in reliance on the information contained in the Website and Services.

The information in the Website and Services is also not intended as and does not constitute financial or legal advice and User should consult an appropriate professional for specific advice tailored to User’s situation.

11. Indemnification

WellPower will notify you of any claim made by a third party for liability or expense arising from your use of the Website and Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless WellPower and our related parties for any such claim, including reasonable attorneys' fees.

12. Other Limitations of Liability

WELLPOWER CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE WEBSITE AND SERVICES. BY ACCESSING THE WEBSITE AND SERVICES YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST WELLPOWER AND OUR RELATED PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WELLPOWER OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING, IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF ITS NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE WEBSITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE WEBSITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF WELLPOWER AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. User’s Use of the Website and Services

User agrees to use the Website and Services only for lawful purposes and in a manner consistent with their intended use and these Terms of Use. WellPower may, at any time and without notice, prohibit access to the Website and Services to any individuals whom WellPower determines are using the Website and Services in a way not permitted under these Terms of Use, or is restricting or prohibiting any other user from using or enjoying the Website and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law.

Examples of prohibited uses of the Website and Services include, but are not limited to (a) sharing of personal medical/prescription information with an unauthorized third party; (b) placement on the Website and Services of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Website and Services; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the operation of the Website and Services; (d) linking to or insertion of links to other sites of whatever character; (e) unauthorized changes to any data or information supplied by the Website and/or Services; (f) any activity that infringes on the copyright, patent, trademark or other rights of any other person or organization. Any unauthorized entry (commonly referred to as “hacking”) into any portion of the Website or Services may constitute a crime under state and/or federal law and WellPower will prosecute these violations to the fullest extent permitted by law. Anyone using this Website and Services in violation of these Terms of Use will be liable to WellPower for any and all damages suffered by WellPower.

14. Entire Agreement

This Agreement and any documents expressly incorporated by reference constitute the entire agreement between WellPower and the User pertaining to the subject matter hereof. From time to time, where certain laws/jurisdictions apply, WellPower, when necessary, may make amendments. User shall regularly review the User Agreement that is posted on the Site. If User has any questions about the User Agreement, contact us at info@wellpoweronline.com, and write “User Agreement” in the Subject line.