WELL TAKEN CARE OF, INC.
Last Updated on __, 2016
The website www.welltakencareof.com (the “Site”) is brought to you by Well Taken Care Of, Inc. (“WELL TAKEN CARE OF,” “we,” “us,” or “our”).
- CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF WEBSITE CONTENT.
- Description of Website Content. The Site contains a wide variety of Website Content (defined below), whether (1) proprietary to WELL TAKEN CARE OF, or (2) proprietary to third parties. “Website Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted in Section 1(e) below) through the Site. The Website Content contained on the Site has been included for general informational purposes only.
- Description of Your Content. Certain features of the Site, such as our blog, allow you to post, submit, publish, share, store, or manage ideas, opinions, recommendations, data and information (“Your Content”). By posting or publishing Your Content, you represent and warrant to us that you have all necessary rights to distribute Your Content to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of Your Content. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the User Agreement) and sublicensable license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit Your Content as we in our sole and absolute discretion deem appropriate to perform and to promote the Site and our company. You acknowledge and agree that we will own all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Site offered by our company. PLEASE BE AWARE THAT ANY IDEAS, OPINIONS, RECOMMENDATIONS, DATA AND INFORMATION YOU CHOOSE TO PUBLISH ON OR THROUGH OUR SITE ARE PUBLICLY AVAILABLE AND MAY BE SEEN BY LARGE NUMBERS OF PEOPLE.
- Our Proprietary Rights. You acknowledge and agree that all Website Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by WELL TAKEN CARE OF or other parties that have licensed their material to WELL TAKEN CARE OF, and are protected by copyright, trademark and other intellectual property laws. Except as approved by WELL TAKEN CARE OF in writing in advance, Website Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed for your commercial or business purposes, including by e-mail or other electronic means, without the prior consent of WELL TAKEN CARE OF or such third-party that owns the Website Content. All rights not expressly granted herein by WELL TAKEN CARE OF and/or its licensors to you are reserved by WELL TAKEN CARE OF and/or its licensors.
- Your Proprietary Rights. It is highly unlikely that we will know about any potential violations of your rights unless you tell us. Therefore, if you believe that your copyrighted work has been infringed through the Site, you may send a written notice to WELL TAKEN CARE OF (see the “Contact Information” section below) and we will respond pursuant to the Digital Millennium Copyright Act (“DMCA”) procedure. WELL TAKEN CARE OF reserves all rights to seek damages and fees associated with infringement and/or fraud.
- Accessing and Downloading Website Content. You download information from WELL TAKEN CARE OF at your own risk. WELL TAKEN CARE OF does not warrant that the Site or materials available therefrom are compatible with your equipment or that any such information is free from invasive or corruptive files or Harmful Code (as defined below). WELL TAKEN CARE OF will not be liable or have any responsibility of any kind for any loss or damage that you incur as a result of (a) use of the Site or the Website Content, including any errors, inaccuracies or omissions in such information, material or data, (b) any harmful features arising from the Site or the Website Content, (c) the act or omission of any other party involved in making the Site or the Website Content available to you, or (d) from any other cause relating to your access to, inability to access, or use of the Site or the Website Content, whether or not the circumstances giving rise to such cause may have been within the control of WELL TAKEN CARE OF or third parties.
- Restrictions on Your Use of Website Content. You may access and use Website Content solely for your information and personal, non-commercial use, as intended through the functionality of the Site and permitted under this User Agreement. Any modification of the Website Content, use of the Website Content on any website or networked computer environment, or use of the Website Content for any purpose other than personal, non-commercial use, without the prior consent of WELL TAKEN CARE OF or its licensors, as applicable, is a violation of the copyright, trademark and other proprietary rights in the Website Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site that prevent or restrict the use or copying of any Website Content and not to alter, remove or falsify any attributions or other proprietary designations of origin or source of any Website Content appearing on the Site.
- Website Content Disclaimer. Website Content is provided to you AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Website Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Website Content, including any reliance on the Website Content or the integrity and accuracy of such Website Content. Nothing on OUR site should be deemed to constitute A recommendation to purchase, sell or hold, OR OTHERWISE TO CONSTITUE ADVICE REGARDING, any registered or unregistered security.
- Medical Disclaimer. THIS WEBSITE MAY CONTAIN GENERAL INFORMATION RELATING TO VARIOUS MEDICAL CONDITIONS. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL CARE BASED ON ANYTHING THAT APPEARS ON THIS SITE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. WELL TAKEN CARE OF IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE AND INFORMATION ON THIS WEBSITE SHOULD NOT BE USED FOR DIAGNOSING A HEALTH PROBLEM OR DISEASE. YOU SHOULD NOT CONSTRUE THIS WEBSITE CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENTS, PROVIDERS OR SERVICES.
- Medical Marijuana Disclaimer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING MEDICAL DISCLAIMER IN SECTION 1(H), INFORMATION REGARDING THE MEDICAL USE OF MARIJUANA AND ITS POTENTIAL BENEFITS AND RISKS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A RECOMMENDATION OR ENDORSEMENT OF SUCH USE. THE MEDICAL USE OF MARIJUANA IN MASSACHUSETTS IS SUBJECT TO APPLICABLE STATE LAWS AND REGULATIONS, INCLUDING CHAPTER 369 OF THE ACTS OF 2012 AND 105 CMR 725. USE OR POSSESSION OF MARIJUANA REMAINS ILLEGAL UNDER FEDERAL LAW.
- RESTRICTIONS ON YOUR USE OF THE SITE. You shall not access or use the Site or any features on our Site in an unlawful way or for an unlawful or illegitimate purpose. You agree not to (a) upload or transmit any communication or content of any type that infringes or violates any rights of any party, (b) use, modify, sell, assign or transfer the Website Content or reproduce, display, publicly perform, distribute, post, transmit or otherwise use this Site or any Website Content in any way for any public or commercial purpose, (c) reverse engineer, disassemble or decompile any software included in the Site and/or Website Content, (d) use this Site for any purpose in violation of local, state, national, or international laws, (e) use this Site as a means to distribute or post advertising or other unsolicited material to any third party, (f) impersonate any person or entity or falsely represent your identification or affiliation, (g) harvest or otherwise collect information about others, (h) post or transmit via the Site information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person, (i) interfere with the operation of this Site, including without limitation, through the use of methods such as denial of service attacks, flooding, or spamming, and you will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”), or (j) copy or distribute in any medium any part of the Site, use the Site in any manner that could damage, disable or impair our services or networks, attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means, or use any robot, scraper or other means to access the Site.
- TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All trademarks, service marks, logos, slogans and taglines displayed on or through the Site are the property of WELL TAKEN CARE OF or its respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Site without the express written permission of WELL TAKEN CARE OF, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
- VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to WELL TAKEN CARE OF (collectively, “Feedback”) are not confidential and you hereby grant to WELL TAKEN CARE OF a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
- YOUR ABILITY TO ACCEPT THIS USER AGREEMENT. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement.
- DISCLAIMER OF WARRANTY. ACCESS TO THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WELL TAKEN CARE OF DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE WEBSITE CONTENT AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WELL TAKEN CARE OF DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, WELL TAKEN CARE OF DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES WELL TAKEN CARE OF MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY WEBSITE CONTENT IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU. WELL TAKEN CARE OF CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE IDEAS OR INFORMATION ACCESSED THROUGH THE SITE.
- LIMITATION OF LIABILITY. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY WEBSITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL WELL TAKEN CARE OF OR ITS LICENSORS, LICENSEES, SUPPLIERS OR PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR ANY WEBSITE CONTENT INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT, ANY INFRINGEMENT BY ANY WEBSITE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR THE MATERIALS OR INFORMATION CONTAINED ON THE SITE. UNDER NO CIRCUMSTANCES SHALL WELL TAKEN CARE OF, ITS LICENSORS, LICENSEES, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR WEBSITE CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE WELL TAKEN CARE OF AND HOLD WELL TAKEN CARE OF AND ITS LICENSORS, LICENSEES, SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR WEBSITE CONTENT. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
- Without limiting the generality or effect of other provisions of this User Agreement, as a condition of use, you agree to indemnify, hold harmless and defend WELL TAKEN CARE OF and its parents, subsidiaries, affiliates, licensors, licensees, suppliers and providers and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Site; (ii) your failure to comply with any applicable laws and regulations; and/or (iii) your breach of any obligations set forth in this User Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
- ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions; however, we undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update or refresh date applied to the Site should be taken to indicate that all information with respect to the Site has been modified or updated.
- Contact Information.
If you have questions or concerns with respect to WELL TAKEN CARE OF or our Site, please contact us using one of the following options:
By e-mail: [email protected]
By phone: (857) 800-5000
By mail: Well Taken Care Of, Inc., 1223 Beacon Street, Brookline, MA 02446
© COPYRIGHT 2016 WELL TAKEN CARE OF, INC., ALL RIGHTS RESERVED.