Welcome to our Website! This Website is maintained as a service to our customers and clients. By using this Website and the Product (defined below), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Product.
This Agreement specifies the terms and conditions for access to and use of the Website and any and all WellRoo programs, information, content and services hosted on the Website, third party sites or platforms, or anywhere else (collectively the “Product.”). This Agreement may be modified and updated at any time by WellRoo upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of this Agreement at any time at www.wellroo.org/terms-of-use. Each use of the Website and/or Product by you shall constitute and be deemed your unconditional acceptance of this Agreement including any modified versions.
2. Intellectual Property Ownership
(a) Our Content. All content in and relating to the Product shall continue to be the sole and exclusive property of WellRoo or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Website or our content hosted on other sites is prohibited without express permission by WellRoo. Under no circumstances shall you acquire any explicit or implied ownership rights or other interest in any content by or through your use of the Website, Product, or other programs we run or operate. Other product and company names mentioned on this Website or in the Product may be trademarks of their respective owners.
(b) Personal Use. Conditional upon your timely payment of any fees due pursuant to the terms of your subscription (described further below), WellRoo grants you a limited, revocable, nonexclusive license to use the Product solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy Product materials, reverse engineer or break into the Product, including the Website or associated software, ascertain or copy any functionality or source codes, or use the Product in violation of any law. The use of the Product is at the sole discretion of WellRoo, and WellRoo may terminate your use of the Product at any time.
(c) Other Uses. All other use of content from the Product, including but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Product (whether by linking, framing or any other method), or in any other way exploiting any of the content, in whole or in part, is strictly prohibited without the prior express written consent of WellRoo.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THE WEBSITE OR IN THE PRODUCT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE AND/OR THE PRODUCT AND ANY CONTENT POSTED THEREIN OR ON OTHER ASSOCIATED SITES OR PLATFORMS IS AT YOUR SOLE RISK. WELLROO DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE AND/OR THE PRODUCT SHALL BE TO DISCONTINUE USING THE WEBSITE AND/OR THE PRODUCT.FURTHERMORE, WELLROO DOES NOT WARRANT THAT USE OF THE WEBSITE AND/OR THE PRODUCT WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WELLROO, ITS SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE PRODUCT. USE OF THE WEBSITE AND/OR THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE WEBSITE AND/OR THE PRODUCT OR THE DOWNLOAD OF ANY INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. WELLROO SHALL NOT BE RESPONSIBLE OR LIABLE TO USERS, CLIENTS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH WELLROO, THE WEBSITE, OR THE PRODUCT, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE PRODUCT, ITS WEBSITE OR ANY RELATED SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE WEBSITE AND/OR THE PRODUCT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WELLROO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS
(c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THIS AGREEMENT ARE HELD TO BE UNENFORCEABLE, THE PRODUCT OWNER’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT OR LICENSE.
(d) Before participating in any educational program about behavior, behavior program or using any behavior related products, content or services that may be described and/or made accessible in or through our Website and/or Product, we strongly recommend that you consult with a physician or other behavioral healthcare provider. While some of WellRoo’s staff may be professional care providers, WellRoo, its staff, and its content providers are not rendering professional advice of any kind to you personally, including without limitation: medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching, but are merely providing general education and information to you about behavioral and parenting topics that you will use at your own discretion. If you choose to use the Product, you are solely responsible for deciding which of the education, information and/or other content you put into practice and how to apply those techniques and/or approaches. You acknowledge and agree that when participating in any behavioral program or other activity or program relating to our Product there is the possibility of physical injury, emotional distress, and/or death, and you assume the sole risk and responsibility for any such results. Subscribing to, purchasing or otherwise using or accessing the Product provided by WellRoo DOES NOT create a doctor-patient, therapist-patient, or other form of professional to patient relationship, and likewise, any information, content or lessons provided in relation to the PRODUCT, its access and use DOES NOT create a doctor-patient, therapist-patient, or form of professional to patient relationship between you and WellRoo or its staff or practitioners. Always seek the advice of a physician or other behavioral healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your medical practitioner or a qualified mental health practitioner because of any information or content you have received, accessed, learned or otherwise ascertained from our Product. If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, providers (including, but not limited to, hospitals and physicians), products, procedures, or other information that may be received, accessed, learned or otherwise ascertained via use of or access to the Website and/or the Product. Any opinions expressed in relation to the Website and/or the Product and its content or services are the opinions of the individual author, not of the Company. Reliance on any information provided by the Company, its employees, others appearing on the Website at the invitation of the Company, or other visitors to the Website is solely at your own risk.
(e) To the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any applicable state or federal court located in Hennepin County or Ramsey County, Minnesota, USA and you consent to the exclusive jurisdiction and venue in such courts. Use of our Product is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WellRoo as a result of this Agreement or use of or access to the Website and/or the Product. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the right to comply with governmental, court and law enforcement. If any provision is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
(f) This Agreement shall be governed and construed in accordance with the laws of Minnesota, USA applicable to agreements made and to be performed in Minnesota, USA.
(g) Dispute Resolution, Attorneys’ Fees. You agree that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Hennepin or Ramsey County, Minnesota. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify WellRoo for all of its reasonable attorneys’ fees and costs incurred as a result of any action, suit, proceeding or claim brought by you or WellRoo in which WellRoo is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
(a) Prohibitions. You are prohibited from data mining, scraping, crawling, e-mail harvesting or using any process or processes that send automated queries to the WellRoo Website and our Product related programs, information and content hosted by other sites or platforms. You may not use the Product to compile a collection of listings, including a competing listing product or service. You may not use the Product for any unsolicited commercial e-mail. Further, you shall not (i) provide access to or give any part of the Product to any third party; (ii) modify, disrupt or interfere with the Product, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; (iii) reproduce, duplicate, copy, deconstruct, sell, trade, or resell the Product; (iv) excessively overload the systems used to provide the Product or cause damage to the Product by transmitting any disruptive or harmful software or data; or (v) use the Product for other than its intended purpose. WellRoo shall be entitled to monitor your use of the Product to ensure compliance with this Agreement, including the obligations under this section. If you violate the terms of this Agreement or this section, WellRoo shall be entitled to immediately terminate this Agreement and any access to or use of the Product.
(b) Intended Audience. The Product is intended for adults only. The Product is not intended for any children under the age of 18. We do not knowingly collect personal information from anyone under the age of 13. The Federal Trade Commission (“FTC”) regulates the means by which website operators collect and use personal information from children under 13, pursuant to the Children’s Online Privacy Protection Act of 1998 (“COPPA”). If we learn we have collected personal information from a child under the age of 13 without verification of parental consent, we will delete that information as soon as practicable. We recommend that children ages 13 to 18 seek parental permission before disclosing any personal information via the Internet. For more information about COPPA and children’s on-line privacy in general, visit the FTC’s Website at http://www.ftc.gov.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website and/or the Product. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold WellRoo and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website and/or the Product.
(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located in relation to the Product;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Agent for Notice of claims of copyright infringement in relation to the Product is WellRoo, who can be reached as follows:
By Mail: 3800 American Blvd. West, Suite 1500 #300-030
Bloomington MN 55431
By e-mail: email@example.com
(f) Links. This Agreement applies only to our Website and Product, and not to the websites, platforms, software, products or services of any other companies or organizations, including those we link to or utilize in providing use of and access to the Product (“Third Party Providers”). We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products, services, information, or other materials made available through Third Party Providers. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or access to any content, goods or services available through Third Party Providers, whether or not in relation to the Website and/or the Product. You must seek our permission to link or otherwise associate any third party website, product or service with our Website or Product (including our Website) by contacting our Agent using the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Website or Product, and to require termination of any such link to any of the sites, at our discretion at any time.
(g) Force Majeure. WellRoo shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, pandemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
7. Accuracy of Billing and Account Information
(a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.For more detail, please review our returns policy below.
8. Payments and Refunds and Subscription
(a) Subscription. As a WellRoo subscriber, you will have access to courses that are not available to non-subscribers. By subscribing, you are opting into receiving marketing and survey communication e-mails about the product, you can opt out of these e-mails by following the opt out in the e-mails. You cannot transfer and/or share your log-in details.
(b) Our subscription is a monthly $12.99 subscription cost. Some health systems, schools and employers may purchase subscriptions for their own members and their members would not pay subscription fee(s) in that instance. You agree to pay the fees listed on our Website or related program websites or platforms. We may change our prices at any time, by providing 30 days notice to your account e-mail or posting on this Agreement.
(c) For each month that your monthly subscription is active, you acknowledge and agree WellRoo is authorized to charge the same credit card as was used for the initial subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You agree that we have the right to use the payment method you enter in for WellRoo payment. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. You are responsible for updating or changing your payment information via your log-in account. You are responsible for any taxes and fees as they are applicable for your location.(d) You can unsubscribe at any time by e-mailing firstname.lastname@example.org with the subject: "Cancel Subscription."
d) Payment Information. When you sign up you will provide us with information (“Payment Information”) necessary to establish your account and billing subscription which includes, but is not limited to your e-mail, name, credit card information, and other related information. We will send an e-mail to the e-mail you use to sign up to confirm the subscription has started. You authorize us to provide your Payment Information to third-party service providers so we can complete your transaction and agree to pay the applicable fees and any taxes.
(e) WellRoo and our payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is given to us and our third party payment service provider at the sole election of your credit card issuer. Contact your credit card issuer if you want to opt out of this.
(f) You agree that the Company shall not be liable for any banking charges. Prices are in US Dollars or Euros, and include local taxes. All prices in Pound Sterling include VAT unless otherwise stated.
(g) You cannot resell your subscription. If your school, health system or employer offers WellRoo programs, they may have their own terms that you are required to follow to use our programs and services.
h) Account. You must maintain the security of your account and account credentials, and you are responsible for any activities on your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users.
By Mail: 3800 American Blvd. West, Suite 1500 #300-030 Bloomington MN 55431
By e-mail: email@example.com
We look forward to working with you.