NOT AN EMERGENCY SERVICE
It is understood and agreed that WellCheck Now is a Check-in service and that
WellCheck Now does not provide Emergency Medical Services of any type.
The WellCheck Now service provides notice to a preset list
of contacts that the person who is the Focus of the service (the Cared-For) has
not responded to multiple check-in requests and WellCheck Now makes no claim of
providing any service beyond that of notification nor shall notification of the
preset list be interpreted to mean notification of any other party or any
action beyond notification sent to the preset list.
Further, it is understood and agreed that the individuals who are on the preset list of
contacts are responsible for the determination of the Cared-For's wellness status
and that WellCheck Now shall be held harmless in any case.
TERMS OF SERVICE
Last updated January 01, 2025
AGREEMENT TO OUR LEGAL TERMS
We are WellCheck Now, LLC ("Company," "we," "us," "our")
.
We operate the website
WellCheckNow.com
(the "Site"),
as well as any other related products and services that refer or link to these
legal terms (the "
Legal Terms
") (collectively, the "Services").
You can contact us by phone at 855-714-4500, email at legal@wellchecknow.com, or by
mail to Registered Agents Inc
971 US Highway 202N STE R
Branchburg, NJ 08876
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and WellCheck Now, LLC,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Services from time
to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal
Terms at any time and for any reason. We will alert you about any changes by
updating the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The
Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use the Services. You may not use the
Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL
PROPERTY RIGHTS
Our
intellectual property
We
are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The
Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use only.
Your use
of our Services
Subject to
your compliance with these Legal Terms, including the "
PROHIBITED
ACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable, revocable
license to:
-
access
the Services; and
-
download
or print a copy of any portion of the Content to which you have properly
gained access,
solely
for your personal, non-commercial use.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If
you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your
request to: legal@wellchecknow.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please
review this section and the "
PROHIBITED
ACTIVITIES
"
section carefully prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions:
By directly
sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"), you agree to assign
to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You
are responsible for what you post or upload:
By sending us
Submissions through any part of the Services you:
-
confirm
that you have read and agree with our "
PROHIBITED ACTIVITIES
" and will not post, send,
publish, upload, or transmit through the Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
-
to the
extent permissible by applicable law, waive any and all moral rights to
any such Submission;
-
warrant
that any such Submission are original to you or that you have the
necessary rights and licenses to submit such Submissions and that you have
full authority to grant us the above-mentioned rights in relation to your
Submissions; and
-
warrant
and represent that your Submissions do not constitute confidential
information.
You are
solely responsible for your Submissions and you expressly agree to reimburse us
for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable
law.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply
with these Legal Terms;
(4) you are not
a minor in the jurisdiction in which you reside; (5) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorized
purpose; and (7) your use of the Services will not violate any applicable law
or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Services (or any portion
thereof).
4. USER
REGISTRATION
You may be required to register to use the Services. You agree
to keep your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be
in US dollars.
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you authorize us to charge
your chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
6.
SUBSCRIPTIONS
Billing
and Renewal
We will
contact you by email to renew.
Cancellation
You can
cancel your subscription at any time by logging into your account. Your
cancellation will take effect at the end of the current paid term. If you have
any questions or are unsatisfied with our Services, please email us at
legal@wellchecknow.com.
Fee
Changes
We may,
from time to time, make changes to the subscription fee and will communicate
any price changes to you in accordance with applicable law.
7. POLICY
All sales
are final and no refund will be issued.
8.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other
content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission
from us.
-
Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information
such as user passwords.
-
Circumvent, disable, or otherwise
interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Services and/or the Content
contained therein.
-
Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Services.
-
Use any information obtained from the
Services in order to harass, abuse, or harm another person.
-
Make improper use of our support services
or submit false reports of abuse or misconduct.
-
Use the Services in a manner inconsistent
with any applicable laws or regulations.
-
Engage in unauthorized framing of or
linking to the Services.
-
Upload or transmit (or attempt to upload
or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of
the Services.
-
Engage in any automated use of the system,
such as using scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction tools.
-
Delete the copyright or other proprietary
rights notice from any Content.
-
Attempt to impersonate another user or
person or use the username of another user.
-
Upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive or active information
collection or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or
"pcms").
-
Interfere with, disrupt, or create an
undue burden on the Services or the networks or services connected to the
Services.
-
Harass, annoy, intimidate, or threaten any
of our employees or agents engaged in providing any portion of the
Services to you.
-
Attempt to bypass any measures of the
Services designed to prevent or restrict access to the Services, or any
portion of the Services.
-
Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.
-
Except as permitted by applicable law,
decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Services.
-
Except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services,
or use or launch any unauthorized script or other software.
-
Use a buying agent or purchasing agent to
make purchases on the Services.
-
Make any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
·
Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to
submit or post content. We may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Services and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Services' Privacy Policy. When
you create or make available any Contributions, you thereby represent and
warrant that:
·
The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
·
You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services
and these Legal Terms.
·
You have the written
consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions
in any manner contemplated by the Services and these Legal Terms.
·
Your Contributions are not
false, inaccurate, or misleading.
·
Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
·
Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
·
Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
·
Your Contributions are not
used to harass or threaten (in the legal sense of those terms) any other person
and to promote violence against a specific person or class of people.
·
Your Contributions do not
violate any applicable law, regulation, or rule.
·
Your Contributions do not
violate the privacy or publicity rights of any third party.
·
Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
·
Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
·
Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of
the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process,
and use any information and personal data that you provide following the terms
of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Services, you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in
our sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
12.
PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: https://wellchecknow.com/PrivacyPolicy
. By
using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in the United States. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in United States then through
your continued use of the Services, you are transferring your data to United
States and you expressly consent to have your data transferred to and processed
in United States.
13. TERM
AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
14.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents
of the Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We also reserve the right to modify or discontinue all or part of the
Services without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
15.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by
and construed in accordance with the laws of the State of New Jersey applicable
to agreements made and to be entirely performed within the State of New
Jersey, without regard to its conflict of law principles.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute"
and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty (30) days
before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will
be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the
American
Arbitration Association (AAA) website
. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Bergen, New Jersey. Except
as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the state and
federal courts located in Bergen, New Jersey, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction, and forum
non conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in
any way to the Services be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion
of this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilize class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to
the above provisions concerning informal negotiations binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE one (1) mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability, claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) use of the Services; (2) breach of these
Legal Terms; (3) any breach of your representations and warranties set forth in
these Legal Terms; (4) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
23. SMS TEXT MESSAGING
Opting
Out
If you don't wish to receive check-in messages by text, simply change your check-in
type to voice.
Message
and Data Rates
Please be
aware that message and data rates may apply to any SMS messages sent or
received. The rates are determined by your carrier and the specifics of your
mobile plan.
Support
If you
have any questions or need assistance regarding our SMS communications, please
email us at legal@wellchecknow.com or call at 855-714-4500.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
25.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
26. INTENDED USE
It is understood and agreed that WellCheck Now is a Check-in service and that
WellCheck Now does not provide Emergency Medical Services of any type.
The WellCheck Now service provides notice to a preset list
of contacts that the person who is the Focus of the service (the Cared-For) has
not responded to multiple check-in requests and WellCheck Now makes no claim of
providing any service beyond that of notification nor shall notification of the
preset list be interpreted to mean notification of any other party or any
action beyond notification sent to the preset list.
Further, it is understood and agreed that the individuals who are on the preset list of
contacts are responsible for the determination of the Cared-For's wellness status
and that WellCheck Now shall be held harmless in any case.
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please contact us
at:
WellCheck Now, LLC
Phone: 855-714-4500
legal@wellchecknow.com