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Terms Of Use

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Version Date: September 26, 2018

TERMS OF USE

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and YesMyWellness, LLC (“Company” or “we” or “us” or “our”), concerning your access to and use of the https://yesmywellness.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “Website”). The Website provides the following service: Informative and educational website designed to share information on general health, fitness, mental, nutrition, beauty, reproductive health, family and childcare issues. (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website 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 Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website 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.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

CONTENTS

The Contents of the Website, such as text, graphics, images, information obtained from YesMyWellness’s licensors, and other material contained of the YesMyWellness Website (“Content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 (or emergency number in your respective country) immediately. YesMyWellness does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Services. Reliance on any information provided by YesMyWellness, YesMyWellness employees, others appearing on the Services at the invitation of YesMyWellness, or other visitors to the Services is solely at your own risk. The Services may contain health-or-medical-related materials that may be sexually explicit. If you find these materials offensive, you may not want to use our Site.

Unless otherwise noted, all Contents on the Services, whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by YesMyWellness, and/or its parents, subsidiaries and affiliates or other parties that have licensed to or otherwise permitted their material to be used by YesMyWellness. The Services as a whole and their Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Services and its Contents are owned by YesMyWellness or used with permission. YesMyWellness.com, YesMyWellness, the YesMyWellness logos, and all other trademarks appearing on the Services are trademarks of YesMyWellness or are licensed or used with permission of the owner by YesMyWellness. You agree not to display or use such trademarks without YesMyWellness’s prior written permission. YesMyWellness disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own.

The Contents of the Services, and the Services as a whole, are intended solely for personal, non-commercial use by the users of the Services and may not be used except as permitted in these Terms of Use. You may share content from the Site with the use of the social media links (i.e. “Share:” “Pin It” and “Tweet”) provided on our Services. You may also share content from the Services via email through the use of our “Share” link. You may download or copy the Contents and other downloadable materials displayed on the Services for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading, sharing or copying. Except as noted above, you may not reproduce, republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Services, or any related software without the prior written consent of YesMyWellness or the owner of such material. Nothing contained on the Services grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Services without the prior written consent of YesMyWellness or the owner of such material. All rights not expressly granted herein by YesMyWellness to you are reserved by YesMyWellness and/or its licensors. Third-party trade names, product names and logos, contained in these Websites may be the trademarks or registered trademarks of their respective owners.

The information presented on or through the Services is made available solely for general information purposes. We may update the content on this Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

ACCEPTABLE USE

You are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:

  1. Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
  2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
  3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
  5. Sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services;
  6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
  7. Hijacking all or any part of the Services content, deleting or changing any Services content, deploying pop-up messages or advertising, running or displaying this Services or any Services content in frames or through similar means on another website, or linking to the Services or any page within the Services, without our specific written permission.

GENERAL RULES

You agree to use the Services only for lawful purposes and only for your own personal, non-commercial use. You may not use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

LIABILITY OF YESMYWELLNESS AND ITS LICENSORS

The use of the YesMyWellness Services and the Content is at your own risk. When using the YesMyWellness Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of YesMyWellness and its suppliers. Accordingly, YesMyWellness assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the YesMyWellness Services.

The YesMyWellness Services and the Content are provided on an “as is” basis. YesMyWellness, its licensors, and its suppliers, to the fullest extent permitted by applicable law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for particular purpose. Without limiting the foregoing, YesMyWellness, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the YesMyWellness Services or YesMyWellness.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the YesMyWellness Services.

To the fullest extent permitted by applicable law, in no event shall YesMyWellness, its licensors, its suppliers, or any third parties mentioned on the YesMyWellness Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the YesMyWellness Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not YesMyWellness is advised of the possibility of such damages. YesMyWellness is not liable for any personal injury, including death, caused by your use or misuse of the Services, Content, or Public Areas (as defined below).

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

YesMyWellness may select certain sites as priority responses to search terms you enter and YesMyWellness may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. YesMyWellness does not recommend and does not endorse the content on any third -party websites. YesMyWellness is not responsible for the content of linked third-party sites, sites framed within the YesMyWellness Services, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. YesMyWellness does not endorse any product advertised on the YesMyWellness Services.

SPONSORED CONTENTS
We may receive free products from marketers that we sometimes review or discuss in our editorial content. We may also run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.

SPECIAL PROMOTION TERMS
Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys and/or special offerings (“Special Promotion(s)”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms of Use. It is your responsibility to read those Special Promotion terms and conditions to determine the sponsor’s requirements of you in connection with the applicable Special Promotion. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms of Use, those separate terms and conditions will prevail with respect to such Special Promotion, unless otherwise stated.

INDEMNITY

You agree to defend, indemnify, and hold YesMyWellness, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

USER SUBMISSIONS

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to YesMyWellness on or by the Services or otherwise disclosed, submitted or offered in connection with your use of the Services (collectively, “Comments”) shall be and remain YesMyWellness’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to YesMyWellness of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. YesMyWellness is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Services will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Services will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Without limiting the generality of the foregoing, YesMyWellness shall have the right to:

  • Remove or refuse to post any Comments for any or no reason in our sole discretion.
  • Take any action with respect to any Comments that we deem necessary or appropriate in our sole discretion, including if we believe that such Comment violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for YesMyWellness.
  • 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.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate 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 Services. You waive and hold harmless the company and its affiliates, officers, directors, employees, agents, licensors, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

However, we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, 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 in this section.

YOUR PRIVACY RIGHTS
All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is available at https://yesmywellness.com/privacy-policy.

Please send any concerns regarding our products or services by clicking here.

COMPLETE AGREEMENT & AMENDMENTS

Except as expressly provided in a particular “legal notice” on the YesMyWellness Services, these Terms of Use and the YesMyWellness Privacy Policy and Agreement constitute the entire agreement between you and YesMyWellness with respect to the use of the YesMyWellness Services, and Content.

YesMyWellness, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Services. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

TERMINATION

This Agreement is effective unless and until terminated by either you or YesMyWellness. You may terminate this Agreement at any time by discontinuing use of the Services (subject to the surviving terms set forth herein). YesMyWellness also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services, if in YesMyWellness’s sole discretion you fail to comply with any term or provision of this Agreement.

NO WAIVER

YesMyWellness’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of YesMyWellness’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of YesMyWellness to exercise or take advantage of any right or remedy that YesMyWellness has or may have hereunder, operate as a waiver of any right or remedy.

CONTACT INFORMATION

Thank you for your cooperation. We hope you find the YesMyWellness site helpful and convenient to use! Questions or comments regarding these Websites, including any reports of non-functioning links, should be directed by electronic mail to [email protected]