Last Modified: March12th, 2021
Professionals alone are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to their Professional Services (as defined below), and for identifying and obtaining any required licenses, permits, or registrations for any Professional Services they offer. If you have questions about how local laws apply to your Professional Service(s) on Wellie, you should always seek legal guidance.
SCOPE OF WELLIE SERVICES
The Wellie Platform is an online wellness network that enables registered users (“Users”) to receive and provide Professional Services on the Wellie Platform and to communicate and transact directly with other Users (Users who offer services are “Professionals”, the services they offer are “Professional Services”, and Users that use Professional Services are “Members”). Professionals are assigned at random to Members that request Professional Services. Professionals alone are responsible for their Professional Services. When Users make or accept a booking for Professional Services, they are entering into a contract directly with each other. Wellie is not and does not become a party to or other participant in any contractual relationship between Users. Wellie is not acting as an agent in any capacity for any User.
Wellie does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Professional Services. Wellie does not provide medical advice, diagnosis, or treatment, nor is Wellie a medical service provider or wellness professional. The Wellie Platform and Collective Content (as defined below) are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something made available to you through the Wellie Platform. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any User, Professional, or Professional Services, or any specific tests, providers, products, procedures, opinions, or other information or services that may be made available to you through the Wellie Platform. Reliance on the Wellie Platform or any material made available to you through the Wellie Platform is solely at your own risk.
While we may help facilitate the resolution of disputes between Users, Wellie has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Professional Services, (ii) the truth or accuracy of any descriptions, ratings, or reviews of a Professional or Professional Services, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Any references to a Professional being licensed, certified, or similar language only indicate that the Professional has completed a relevant licensure or certification process for the specific Professional Services offered by such Professional, and nothing else. Any such description is not an endorsement, certification, or guarantee by Wellie about any Professional, including of the Professional’s identity or background or whether the Professional is trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to book or use Professional Services or communicate and interact with other Users, whether online or in person.
USE OF WELLIE PLATFORM AND RESTRICTIONS ON USE
The Wellie Platform is offered and available to persons who are 18 years of age or older. If you are using the Wellie Platform on behalf of any third party, you represent and warrant that you are an authorized representative of that third party and that your use of the Wellie Platform constitutes that third party’s acceptance of these Terms. If you do not meet all of these requirements, you must not access or use the Wellie Platform.
We reserve the right to withdraw or amend the Wellie Platform, and any service or material we provide on the Wellie Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Wellie Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Wellie Platform, or the entire Wellie Platform. You are responsible for making all arrangements necessary for you to have access to the Wellie Platform and for ensuring that all persons who access the Wellie Platform through your internet connection are aware of these Terms and comply with them.
You may use the Wellie Platform only for lawful purposes and in accordance with these Terms. If you violate any of these Terms, we reserve the right, in our sole discretion, to take legal action, terminate your Wellie Account (as defined below), and deny you access to the Wellie Platform, or any portion of thereof, without notice, and to remove any of your User Content. In connection with your use of the Wellie Platform, you will not and will not assist or enable others to: violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). breach or circumvent any agreements with third-parties, third-party rights, or our Terms.exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any "junk mail," "chain letter," "spam," or any other similar solicitation.impersonate or attempt to impersonate Wellie, a Wellie employee, another User, Member, Professional, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Wellie Platform, or which, as determined by us, may harm Wellie or users of the Wellie Platform, or expose them to liability.use the Wellie Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Wellie Platform, including their ability to engage in real time activities through the Wellie Platform.use any robot, spider, or other automatic device, process, or means to access the Wellie Platform for any purpose, including monitoring or copying any of the material on the Wellie Platform.use any manual process to monitor or copy any of the material on the Wellie Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Wellie Platform via a denial-of-service attack or a distributed denial-of-service attack.attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Wellie Platform, the server on which the Wellie Platform is stored, or any server, computer, or database connected to the Wellie Platform, or use any device, software, or routine that interferes with the proper working of the Wellie Platform.copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Wellie Platform or reverse engineer, decompile, tamper with or disassemble the technology used to provide the Wellie Platform.violate, misappropriate or infringe a third party’s intellectual property or other right. otherwise attempt to interfere with the proper working of the Wellie Platform.
You acknowledge that Wellie has no obligation to monitor the access to or use of the Wellie Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure, and improve the Wellie Platform (including without limitation for fraud prevention, risk assessment, investigation, and support purposes); (ii) ensure User compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Wellie in good faith, and to provide Wellie with such information and take such actions as may be reasonably requested by Wellie with respect to any investigation undertaken by Wellie or a representative of Wellie regarding the use or abuse of the Wellie Platform
To access certain features of the Wellie Platform, such as offering or booking Professional Services, you must become a registered User of the Wellie Platform by creating a User account (“Wellie Account”). You agree not to register an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group, or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. You may not register more than one Wellie Account unless we authorize you to do so. You may not assign or otherwise transfer your Wellie Account to another party.
You can register a Wellie Account by providing certain information to Wellie, including your name and email address, and by choosing a username and password for your account. It is a condition of your use of the Wellie Platform that you provide accurate, current, and complete information during the registration process and keep your Wellie Account up-to-date at all times. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. If your access to the Website has previously been terminated by us, you may not register for a new account and may not designate others to register or use an account on your behalf.
We do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, and (ii) ask Professionals to provide evidence of licensure, certification, insurance, or other personal and professional information or undertake additional checks designed to help verify a Professional’s qualification to offer and provide Professional Services.
CHANGES TO THESE TERMSWe reserves the right to revise and update these Terms at any time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Wellie Platform thereafter. Any changes to the dispute resolution provisions set out in Section 17 will not apply to any disputes for which the parties have actual notice or to any claim that was filed before the date the change is posted on the Wellie Platform. If we make changes to these Terms, we will post the revised Terms on the Wellie Platform and update the “Last Modified” date at the top of these Terms. Your continued use of the Wellie Platform following the posting of modified Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Wellie may charge fees to Users in consideration for the use of the Wellie Platform (collectively, “Service Fees”). Any applicable Service Fees will be presented to you prior to you incurring such fees. You agree to pay any Service Fees incurred by you in connection with your Wellie Account.
TERMS SPECIFIC FOR PROFESSIONALS
You hereby represent and warrant that (i) any and all biographical or professional information provided by you to Wellie is truthful, complete, and accurate; (ii) neither any User Content nor your provision of Professional Services will conflict with or violate any applicable law, rule, or regulation, or any guidelines, rules, or regulations required of professionals in your profession, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the rules and regulations thereunder, all as may be amended or supplemented from time to time, and all regulations implemented thereunder; and (iii) your conduct on the Wellie Platform will at all times be professional and workmanlike. When you agree to provide Professional Services to a Member, you are entering into a legally binding agreement with the Member and are required to provide your Professional Service(s) to the Member as described when the booking request is made.
Wellie may require that Professionals obtain appropriate insurance for their Professional Services. The failure to comply with this requirement if requested by Wellie will be deemed a material violation of these Terms and may result in the automatic termination of your Wellie Account. Wellie reserves to right to request any information related to your insurance policy.
As a Professional, you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Wellie. You agree that you are not an employee, agent, joint venture, or partner of Wellie for any reason, and Wellie does not, and will not be deemed to, direct or control you generally or in your performance under these Terms, specifically including in connection with your provision of Professional Services. You acknowledge and agree that you have complete discretion whether to offer Professional Services or otherwise engage in other business or employment activities.
TERMS SPECIFIC FOR MEMBERS
Subject to meeting any requirements (such as completing any verification processes) set by Wellie and/or the Professional, you can use Professional Services available on the Wellie Platform by following the respective booking process. Upon receipt of a booking confirmation from Wellie, a legally binding agreement is formed between you and your Professional. At your sole discretion, you may want to inform the Professional of any medical or physical conditions, or other circumstances that may impact your participation in any Professional Services. You may not bring any additional individuals to a Professional Service unless such an individual is authorized to participate in the Professional Service by the Professional.
INTELLECTUAL PROPERTY; THIRD-PARTY SERVICES
The Wellie Platform and its entire contents, features, technologies, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wellie, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (“Wellie Content” and together with User Content (as defined below), are “Collective Content”). You acknowledge and agree that Wellie Content, including all associated intellectual property rights, are the exclusive property of Wellie and/or its licensors or authorizing third-parties. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Wellie Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Wellie used on or in connection with the Wellie Platform and Wellie Content are trademarks or registered trademarks of Wellie in the United States and abroad. You must not use such marks without the prior written permission of Wellie.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit Wellie Content, except as expressly permitted in these Terms, and as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; or (iv) if we provide social media features with certain content, you may take such actions as are enabled by such features. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wellie or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Wellie grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Wellie Platform and accessible to you, solely for your personal and non-commercial use.
The Wellie Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Wellie is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Wellie of such Third-Party Services.
USER CONTENT; CONTENT STANDARDS
Wellie may enable Users to create, upload, stream, post, submit, publish, display, send, receive, transmit, and store content, such as text, photos, audio, video, or other materials and information, including during the provision of Professional Services (“User Content”), on or through the Wellie Platform. All User Content must comply with these Terms.
Unless otherwise specified in these Terms, any User Content that you post to the Wellie Platform will be considered non-confidential and non-proprietary. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Wellie Platform, you grant to Wellie a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Wellie Platform, in any media or platform. Wellie does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
You are solely responsible for all User Content that you make available on or through the Wellie Platform. You represent and warrant that (i) you own or control all rights in and to all User Content that you make available on or through the Wellie Platform or you have all rights, licenses, consents and releases that are necessary to grant to Wellie the rights in and to such User Content; (ii) all of your User Content does and will comply with these Terms; and (iii) neither the User Content nor your posting, uploading, streaming, publication, submission, or transmittal of the User Content or Wellie’s use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You understand and acknowledge that you are responsible for any User Content that you submit or contribute, and you, not Wellie, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Wellie Platform.
Wellie reserves the sole and exclusive right to (i) remove or refuse to post any User Content for any or no reason in our sole discretion; (ii) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, or threatens the personal safety of users of the Wellie Platform or the public; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; or (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Wellie Platform. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Wellie Platform. YOU WAIVE AND HOLD HARMLESS WELLIE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We have no obligation and do not undertake to review material before it is posted on the Wellie Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.
Wellie respects the intellectual property rights of others and expects Users to do the same. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Wellie Platform infringe your copyright, you may request removal of those materials (or access to them) from the Wellie Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:Your full legal name and your physical or electronic signature.Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Wellie Platform, a comprehensive representative list of such works.Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, including at a minimum, if applicable, the URL of the link shown on the Site and/or Application where such material may be found. Adequate information by which we can contact you, including your name, postal address, telephone number, and, if available, email address.A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.A statement that the information in the written notice is accurate.A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Copyright Agentc/o Wellie Inc. 38 S Federal Highway #10 PMB 2013 Dania Beach, FL 33004 email@example.com
f you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Wellie Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is Wellie’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others,
NO WARRANTIES; DISCLAIMERS
IF YOU CHOOSE TO USE THE WELLIE PLATFORM AND THE COLLECTIVE CONTENT THEREON, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE WELLIE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WELLIE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER WELLIE NOR ANY PERSON ASSOCIATED WITH WELLIE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WELLIE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER WELLIE NOR ANYONE ASSOCIATED WITH WELLIE REPRESENTS OR WARRANTS THAT THE WELLIE PLATFORM OR COLLECTIVE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WELLIE PLATFORM OR COLLECTIVE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WELLIE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WELLIE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE USE OF THE WELLIE PLATFORM, COLLECTIVE CONTENT, AND ANY ASSOCIATED SERVICES ARE AT YOUR OWN RISK. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CONTACT 9-1-1. WELLIE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, OR ENGAGE IN ANY CONDUCT THAT REQUIRES A PROFESSIONAL LICENSE. NOTHING CONTAINED ON THE WELLIE PLATFORM OR OFFERED BY WELLIE SHOULD BE CONSTRUED AS ANY FORM OF MEDICAL ADVICE, DIAGNOSIS, OR A SUBSTITUTE FOR PROFESSIONAL CONSULTATION. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A HEALTHCARE PROFESSIONAL FOR ANY MEDICAL ADVICE, DIAGNOSIS, TREATMENT, AND ANSWERS TO YOUR PERSONAL QUESTIONS PRIOR TO ENGAGEMENT OF ANY PROFESSIONAL SERVICES. PROFESSIONAL SERVICES MAY NOT BE RIGHT FOR EVERY PERSON.
WELLIE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE WELLIE PLATFORM, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. WELLIE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WELLIE PLATFORM OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE WELLIE PLATFORM, AND WELLIE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USERS. WELLIE WILL NOT BE LIABLE FOR THE OFFENSIVE, ILLEGAL, OR HARMFUL CONDUCT OF ANY THIRD PARTY. MATERIAL ON THE WELLIE PLATFORM MAY INCLUDE HYPERLINKS TO INFORMATION CREATED AND MAINTAINED BY OTHER PUBLIC AND PRIVATE ORGANIZATIONS AND PERSONS. WELLIE PROVIDES THESE LINKS SOLELY FOR A USERS’ INFORMATION AND CONVENIENCE. THESE REFERENCES ARE NOT INTENDED TO REFLECT THE OPINION OF WELLIE, OR ITS OFFICERS OR EMPLOYEES CONCERNING THE SIGNIFICANCE, PRIORITY, OR IMPORTANCE TO BE GIVEN THE REFERENCED ENTITY, PRODUCT, SERVICE, OR ORGANIZATION. SUCH REFERENCES ARE NOT AN OFFICIAL OR PERSONAL ENDORSEMENT OF ANY PRODUCT, PERSON, OR SERVICE, AND MAY NOT BE QUOTED OR REPRODUCED IN A WAY THAT IMPLIES WELLIE’S ENDORSEMENT OR APPROVAL OF ANY PRODUCT, PERSON, OR SERVICE. WHEN YOU SELECT A LINK TO AN OUTSIDE WEBSITE, YOU ARE LEAVING THE WELLIE DOMAIN AND ARE SUBJECT TO THE PRIVACY AND SECURITY POLICIES OF THE OWNERS/SPONSORS OF THE OUTSIDE WEBSITE. WELLIE DOES NOT CONTROL NOR GUARANTEE THE ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS OF INFORMATION CONTAINED ON AN EXTERNALLY LINKED WEBSITE.
We do not employ, recommend, or endorse any Professional. You agree that Professional Services may carry inherent risk and by participating in such Professional Services, you choose to assume those risks voluntarily. For example, some Professional Services may carry risk of bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Professional Services. You assume full responsibility for the choices you make before, during, and after your participation in a Professional Service and to the maximum extent permitted by law, you agree to release and hold harmless Wellie from all liabilities and claims that arise in any way from any injury, death, loss, or harm that occurs before, during, or after the Professional Service or in any way related to the Professional Service. You agree that you have had whatever opportunity you deem necessary to investigate the Professional Service, laws, rules, or regulations that may be applicable to the Professional Service you are receiving and that you are not relying upon any statement of law or fact made by Wellie relating to Professional Services. If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WELLIE PLATFORM, YOUR PROVISION OR BOOKING OF ANY PROFESSIONAL SERVICES VIA THE WELLIE PLATFORM, YOUR PARTICIPATION IN ANY PROFESSIONAL SERVICE, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WELLIE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WELLIE PLATFORM WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST REVENUE, LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) FROM THE USE OF OR INABILITY TO USE THE WELLIE PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE WELLIE PLATFORM, OR (IV) FROM YOUR PROVISION OR BOOKING OF PROFESSIONAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WELLIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WELLIE AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WELLIE AND YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the maximum extent permitted by applicable law, you agree to release, defend, indemnify and hold harmless Wellie, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties arising out of or in any way connected with: (a) your breach of these Terms; (b) allegations of bodily injury, death, property damage, or other damages arising from your or a third party’s use or misuse of the Wellie Platform; (c) any other party’s access and use of the Wellie Platform with your unique username, password, or other credentials; (d) Wellie’s use of your User Content; (e) a claim that the Professional has been misclassified and is or may be an employee of Wellie; (f) your failure to comply with applicable law; (g) defamation, libel, or infringement of any intellectual property right by you and/or violation of any other third party right; (f) your use or misuse of the Wellie Platform, including any payment obligations incurred through your use of the Wellie Platform; or (g) any acts or omissions of the Professional. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This provision will survive these Terms and your use of the Wellie Platform.
The owner of the Wellie Platform is based in the United States. We provide the Wellie Platform for use only by persons located in the United States. We make no claims that the Wellie Platform or any of its content is accessible or appropriate outside of the United States. Access to the Wellie Platform may not be legal by certain persons or in certain countries. If you access the Wellie Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
These Terms will remain in effect during all periods during which you access the Wellie Platform or have a Wellie Account. We reserve the right to terminate these Terms and your access to all or any part of the Wellie Platform at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Wellie Platform at any time without prior notice or liability. Furthermore, we may immediately, without notice, terminate your Wellie Account or stop providing access to the Wellie Platform if: (i) we believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, or property of the Wellie Platform, its Users, or any other person, (ii) you have violated applicable laws, regulations, or third party rights, or (iii) Wellie believes in good faith that such action is reasonably necessary to protect the personal safety or property of Wellie, its Users, or third parties (for example in the case of fraudulent behavior of a User). If we terminate your right to access the Wellie Platform or any part thereof, for any reason, these Terms will terminate and all rights you have to access the Wellie Platform will immediately terminate. The provisions that by their nature should survive will survive termination. If you terminate your Wellie Account, you will remain liable under these Terms for any conduct prior to such termination.
Agreement to Arbitrate. You and Wellie mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or to the use of the Wellie Platform, the Professional Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration administered by the American Arbitration Association (“AAA”) using its Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Wellie agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and Wellie each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction exclusively in the state or federal courts located in Miami-Dade County, Florida: any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Wellie each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. You agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue. If after sixty (60) days the Dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
Governing Law. All matters relating to the Wellie Platform and these Terms, and any Dispute, will be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Arbitrator’s Decision. The arbitrator’s decision will be written and binding on the parties and may be entered in any court of competent jurisdiction.
Location for Disputes. Arbitration will take place in Miami, Florida, or a mutually agreed upon location. In the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in court, you agree that any claim or dispute that has arisen or may arise between you and Wellie must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida. You and Wellie agree to submit to the exclusive personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.
Jury Trial Waiver. You and Wellie acknowledge and agree that we are each waiving the right to a trial by jury as to all Disputes, whether or not arbitrable.
Class Action Waiver. The parties further agree that any arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WELLIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.
Right to Opt Out. You have the right to opt-out and not be bound by this Arbitration Agreement and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: email@example.com or Wellie Inc., 38 S Federal Highway #10 PMB 2013 Dania Beach, FL 33004. The notice must be sent within 30 days of earlier of your creation of a Wellie Account or your first use of the Wellie Platform, otherwise you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Wellie also will not be bound by them.
Amendments to Arbitration Agreement. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Arbitration Agreement, that amendment will not apply to any claim that was filed prior to the effective date of the amendment or of which the parties have actual notice before the effective date of the amendment. The amendment will apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between you and Wellie. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Wellie Platform, and requests for technical support or other communications relating to the Wellie Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Wellie Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.