These Terms of Use Agreement is a binding contract between WellTellMe.com (“we” or “us”) and the user (“you”). By using the WellTellMe.com website (“the Site” or “this Site”), you agree to be bound by all the conditions listed in these Terms of Agreement (“Terms”) and the Privacy Policy. We reserve the right to change, modify, add, or delete portions of these Terms at any time at our discretion without any notice to you. It is the sole responsibility of the user to read and be aware of and abide by any changes made to these terms. If you do not agree with these Terms or the conditions therein, do not use or access or continue to use or access the Site or the services provided by WellTellMe.com
ELIGIBILITY
Membership of WellTellMe.com is void where prohibited. This Site is intended for use by participants who are at least thirteen (13) years of age or older.
REGISTRATION
To publish content or participate on WellTellMe.com, you must first complete the Site registration process to create an account with a user name and password. You agree to provide accurate current and complete information during the registration process, when contributing content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your account as being used by you or someone authorized to act for you. You agree that your account is non-transferable and non-assignable.
CONTENT
By posting content to the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively “Content”), you warrant and represent that (a) you own all rights in your Content and/or you have acquired all necessary rights in your Content to enable you to grant to WellTellMe.com the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Content; (c) you are the individual pictured, depicted, and/or heard in your Content and/or you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to WellTellMe.com described herein; (d) you will make such permissions available to WellTellMe.com upon request; and (e) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of WellTellMe.com all without the violation of any other person's intellectual property or other rights or of any laws or regulations.
OWNERSHIP
All Content posted to the Site is the proprietary property of WellTellMe.com, the Bulk Herb Store, and/or its owners or licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You hereby grant WellTellMe.com a worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may but are not obligated to display your Content, and your username or your actual name according to the preferences you select at the time that you register along with your Content.
You acknowledge that the Site does not have any "digital rights management" or other security technology features to restrict someone who receives Content from copying and redistributing it.
Our Site is protected by intellectual property laws and you agree to respect them. WellTellMe.com grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights WellTellMe.com has in the Content, to privately display the Content on your computer for your own personal, noncommercial purposes, and to print a reasonable number of copies of the Content as needed for that use. WellTellMe.com reserves all other rights in the Content, on its own behalf and the behalf of its licensors (including contributors), and WellTellMe.com does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from WellTellMe.com or the contributor of the Content or other third-party owner of the rights in that Content (if any). You agree not to reverse engineer any Content consisting of downloadable software, unless specifically authorized by WellTellMe.com or the third-party owner of the rights in that Content (if any) or otherwise permitted by law.
USER CONTENT
You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.
You may choose from time to time to remove or modify Content that you previously posted on the Site. If, prior to such removal or modification, WellTellMe.com has created, or developed specific plans to create, any electronic or printed materials containing such Content (e.g., in advertising, promotion or otherwise), then you agree that WellTellMe.com may continue to utilize materials containing such Content after you have removed or modified that Content. However, twelve (12) months after you have removed or modified that Content, you may send us written notice to cease displaying such materials, in which event we will use reasonable efforts to cease displaying such materials within thirty (30) days of our receipt of such notice. Your written notice to us must be sent to
Attn: WellTellMe.com
26 West 6th Ave
Lobelville TN 37097
and contain the following information: your name, address, telephone number, email address, member account name, electronic and/or physical signature, identification of specific Content (title of the article), statement that you would like WellTellMe.com to cease using the Content mentioned in the request, and your certification that you own or have the exclusive rights to said Content.
PROHIBITED CONTENT
You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
PROHIBITED CONDUCT
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) access or use the Site or any service on the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (b) access, tamper with, or use services or areas of the Site that you are not authorized to access; (c) alter information on or obtained from the Site; (d) tamper with postings, registration information, profiles, submissions or Content of other users; (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (f) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by WellTellMe.com; (g) impersonate or misrepresent your affiliation with any person or entity; (h) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (i) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or (j) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
SITE MONITORING
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT WellTellMe.COM DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of WellTellMe.com. WellTellMe.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized WellTellMe.com employees acting in their official capacities.
PRIVACY POLICY
Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the Site.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.
If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the Content you posted on the Site. In such event, WellTellMe.com may continue to utilize electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 5 with respect to removal or modification of Content previously posted on the Site.
All provisions listed in the Terms of Agreement will survive termination of these Terms.
THIRD PARTY LINKS
The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that WellTellMe.com is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. WellTellMe.com's Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against WellTellMe.com and agree to hold WellTellMe.com harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.
INDEMNIFICATION
As a condition of your access to and use of the Site, you agree to hold WellTellMe.com and Bulk Herb Store, it’s officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) WellTellMe.com's resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for WellTellMe.com to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that WellTellMe.com disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) WellTellMe.com will have the right but not the obligation to resolve disputes between users relating to the Site and WellTellMe.com's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) WellTellMe.com's resolution of a dispute will be final with respect to the Site.
DISCLAIMER OF WARRANTIES
The Site may contain advice, opinions, instructions and/or statements from WellTellMe.com, its members and other content providers. This Content is intended for informational and/or entertainment purposes only and is not intended to replace the opinions of accredited authorities in the medical or any other professional field of study. All information used for personal benefit is used at your own risk and WellTellMe.com strongly urges you to seek the guidance of an appropriate professional before assuming that any Content provided is accurate and/or correct. Content on the Site is provided on “as is” and “as available” basis. To the maximum allowance of the law, WellTellMe.com makes no representations, warranties or conditions of any kind, express or implied as to the operation of the site or the information or content included on the site. WellTellMe.com makes no representations that the Site will be uninterrupted, error-free, virus-free, secure or timely.
Without limiting any of the foregoing, WellTellMe.com makes the following specific disclaimers for the following categories of information:
MEDICAL & HEALTH INFORMATION: The Content located on the Site should not be interpreted as medical or health advice. The Content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical adviser relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and you should always speak to your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions you take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither WellTellMe.com, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Content on the Site.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, you agree that neither WellTellMe.com nor Bulk Herb Store, nor their officers, directions, employees, agents, attorneys and suppliers, will be liable to you and/or any other person for direct, indirect, incidental, punitive, exemplary, special or consequential damages, loss of profits, loss of revenue, loss of data, loss of privacy, loss of goodwill, loss of health and/or life, or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability.
COPYRIGHT INFRINGEMENT
WellTellMe.com respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; the identification of the copyrighted work that you claim has been infringed; your name; address; telephone number; email address; a statement by you that the disputed use is not authorized by the copyright owner; its agent; or the law; and a statement that the information in your notification is accurate and a statement made under penalty of perjury that you are the copyright owner or are authorized to act on the behalf of the copyright owner to
26 West 6th Ave
Lobelville TN 37097
Attn: WellTellMe.com
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.
CUSTOMER SUPPORT
You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, WellTellMe.com will give you any notices by posting them on the Site. You authorize WellTellMe.com to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if WellTellMe.com decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. WellTellMe.com may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by WellTellMe.com to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement and removal of licensed material described in Sections 17 and 5 above, respectively, you agree to send us any notice by mailing it to our address for Legal Notices which is
26 West 6th Ave
Lobelville TN 37097
Attn: WellTellMe.com.
ADDITIONAL TERMS
a. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by all provisions listed in The TERMS of AGREEMENT unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or institute fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
b. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content by certain persons or in certain countries may not be legal.
c. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
d. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
e. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of WellTellMe.com. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of WellTellMe.com will be null and void. WellTellMe.com shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
f. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of Washington, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and WellTellMe.com agree to submit to the personal and exclusive jurisdiction of the courts located within Perry County, Tennessee. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in Tennessee. You hereby consent to jurisdiction in a state or federal court sitting in the State of Tennessee and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Tennessee state or federal law.
g. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
h. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
i. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) comprise the entire agreement (the "Entire Agreement") between you and WellTellMe.com with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
j. No Waiver. The failure of WellTellMe.com to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or WellTellMe.com's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Further Information
If you have a complaint, you may contact us at
WellTellMe.com
26 West 6th Ave
Lobelville TN 37097, U.S.A.
NOTICE RE TRADEMARKS
The trademarks WellTellMe.com, Bulk Herb Store and all other trademarks listed or used in the Site are owned or used under license by WellTellMe.com and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP:
© WellTellMe.com U.S.A. All rights reserved.
All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.
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