Terms of Service
Last Updated: September 31, 2024
These Terms of Service (the “Terms”) apply to the products and services of wellzonapp.com, WellzOn, LLC. and our subsidiaries and affiliates (“WellzOn,” “we,” or “us”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).1.
Agreement to Terms
Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. By agreeing to these Terms, you and WellzOn will, as described in section 16 below, be required to resolve most disputes with each other solely on an individual basis through arbitration where permitted by applicable law and not with a jury trial or as a class arbitration, class action, or any other kind of representative or court proceeding. If you do not agree to be bound by these Terms, please do not use the Services.2.
Additional Terms
We may also have different or additional terms in relation
to some of the Services. Unless we say otherwise in those
terms, those terms supplement and are part of these Terms
and will control to the extent there is a conflict with
these Terms. Additional terms that apply to some aspects of
the Services include but are not limited to the
WellzOn Gift Card Terms and Conditions
3.
Service Use
Eligibility
: You must be 18 years or older to use the Services. If you
are under the age of majority where you live, you may only
use the Services if your parent or guardian agrees to our
Terms. Please read these Terms with them. If you are a
parent or legal guardian of a user under the age of majority
where you live, you are subject to these Terms and
responsible for your child’s activity on the Services.
Account Registration and Security
: To use many of the Services, you must register for an
account. You must provide accurate account information,
keep this information updated, and maintain the security
of your account. Notify us immediately by email at
notices@wellzonapp.com
of any unauthorized use of your account or any other breach
of security. You are responsible for all activities that
occur in connection with your account to the extent
permitted by applicable law. You agree not to create an
account if we have previously removed you or your account
from any of the Services, unless we expressly agree
otherwise.
4.
Payments Terms
1.
Payment Method
: If you purchase a service, gift card, or other item
through the Services, you must provide an accurate and
up-to-date payment method acceptable by us. You authorize
WellzOn to charge any purchase to your designated payment
method, including the then-current price plus any applicable
taxes and fees specified. No transaction is binding on
WellzOn until accepted and confirmed by WellzOn. We may
update your stored payment method using information provided
by our payment service providers. Following any update, you
authorize us to continue to charge the applicable payment
method(s). You are responsible for any additional charges
that your payment method provider charges.
2. Cancellations and Disputes : If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. WellzOn reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.
3. Refunds : You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.
4. Future Functionality : Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by WellzOn regarding such functionality or features.
5.
Services and User Content Rights
1. WellzOn Services Ownership : Subject to the limited license rights granted under these Terms, WellzOn and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the U.S. and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.2. Limited License Granted by WellzOn : Subject to your compliance with these Terms, WellzOn grants you a limited, non-exclusive, non-transferable, nonsublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes (unless WellzOn has granted you written permission to do otherwise, for example on a trial or test basis). Further, WellzOn grants you a limited non-exclusive, non-transferable, and nonsublicensable license to download and install a copy of any mobile app we distribute through an App Store on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.
3. User Content Ownership : Except for the license you grant below, WellzOn does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a WellzOn account or that uses a hashtag incorporating a WellzOn trademark (collectively, “User Content”). User Content does not include any portion of the Services included in your User Content. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content, as between you and WellzOn.
4. License You Grant to WellzOn : By making any User Content available to WellzOn, you hereby grant to WellzOn a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.
6.
Third-Party Content
The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.7.
Copyright Complaints and Repeat Infringer Policy
If you believe that anything on the Services infringes any copyright that you own or control, you may notify WellzOn’s designated agent as follows:Designated Agent: WellzOn Support Designated Agent Address: 8735 DUNWOODY PLACE # 6646 ATLANTA, 30350
Designated Agent Phone Number:
(770) 458-0012
Email address:
support@wellzonapp.com
If the content infringes rights protected by U.S. copyright
laws, please see
17 U.S.C. § 512(c)(3)
for the requirements of a proper notification. Also, please
note that if you knowingly misrepresent that any activity or
material on the Services is infringing, you may be liable to
WellzOn for certain costs and damages.In accordance with the
Digital Millennium Copyright Act and other applicable laws,
we have adopted a policy of terminating, in appropriate
circumstances, the accounts of users who repeatedly infringe
the intellectual property rights of others.
8.
Prohibitions on User Content and Conduct
You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:
1.
Post, upload, create, publish, store, submit, transmit, or
otherwise share any User Content that:
i.
is confidential and for which you do not have all
necessary rights to disclose or to grant us the
license described above.
ii
may or does infringe, misappropriate, or violate a
third-party’s patent, copyright, trademark, trade
secret, moral rights, or other intellectual property
rights, or rights of publicity or privacy.
iii.
violates, or encourages any conduct that would
violate, these Terms, the rights of any party, or
otherwise create liability or violate any applicable
local, state, national, or international law or
regulation or would give rise to civil or criminal
liability.
iv.
is fraudulent, false, misleading, or deceptive.
v.
impersonates or misrepresents your affiliation with,
any person or entity or contains or depicts any
statements, remarks, or claims that do not reflect
your honest views and experiences.
vi.
is defamatory, obscene, pornographic, vulgar,
offensive, unlawful, libelous, indecent, lewd,
suggestive, abusive, or inflammatory.
vii.
promotes discrimination, bigotry, racism, hatred,
harassment, or harm against any individual or group.
viii.
is violent or threatening or promotes violence or
actions that are threatening to any person or entity.
ix.
promotes illegal or harmful activities or substances.
x.
contains any unsolicited or unauthorized promotions,
political campaigning, advertising, or solicitations.
xi.
contains any viruses, corrupted data, or other
harmful, disruptive, or destructive files or content.
xii.
in our sole judgment, is objectionable, restricts, or
inhibits any other person from using or enjoying the
Services, or may expose WellzOn or others to any harm
or liability of any type.
2.
Copy, reproduce, distribute, use, publicly perform, or
publicly display, mirror, or frame the Services, or any
individual element within the Services, WellzOn’s name,
any WellzOn trademark, logo, or other proprietary
information, or the layout and design of any page or form
contained on a page, without express written consent from
WellzOn or its licensors.
3.
Modify the Services, remove any proprietary rights
notices, or markings, or otherwise make any derivative
works based upon the Services.
4.
Use the Services other than for their intended purpose and
in any manner not permitted by these Terms, that violates
these Terms or any applicable law, regulation, contract,
intellectual property right, or other third-party right,
or that could interfere with, disrupt, negatively affect,
or inhibit other users from fully enjoying the Services,
or that could damage, disable, overburden, or impair the
functioning of the Services in any manner.
5.
Develop or use any applications that interact with the
Services without our prior written consent.
6.
Avoid, bypass, ignore, remove, deactivate, impair,
descramble, or otherwise circumvent any technological
measure implemented by WellzOn or any of WellzOn’s
providers or any other third-party (including another
user) to protect the Services.
7.
Attempt to access or search the Services, scrape, or
extract data or other content from the Services, including
through the use of any engine, software, tool, agent,
device, or mechanism (including spiders, robots, crawlers,
data mining tools, or the like) other than the software or
search agents provided by WellzOn or as permitted by our
robot.txt file.
8.
Attempt to decipher, decompile, disassemble, or reverse
engineer any of the software used to provide the Services,
or do anything that might discover source code.
9.
Interfere with, or attempt to interfere with, the access
of any user, host, or network, including, without
limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Services.
10.
Collect or store any personally identifiable information
from the Services from other users of the Services without
their express permission.
11.
Engage in any harassing, threatening, intimidating,
predatory, or stalking conduct.
12.
Use or attempt to use another user’s account without
authorization from that user and WellzOn.
13.
Encourage or enable any other individual to do any of
the foregoing.
Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.
Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.
9.
Trademarks
WellzOn’s trademarks and WellzOn’s logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without WellzOn’s prior written permission. The absence of a trademark from this list does not constitute a waiver of WellzOn’s trademark or other intellectual property rights concerning that trademark. All third-party trademarks mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by WellzOn.10.
Termination
We may terminate your access to and use of the Services or your account if you violate these Terms, in our sole discretion without notice to you and to the extent permitted by applicable law..
You may cancel your account at any time by sending an email
to us at
notices@wellzonapp.com
, although you will still have to cancel any active
subscriptions as stated in section 4(c).
Upon any termination, discontinuation, or cancellation of
the Services or your account, all provisions of these Terms
which by their nature should survive will survive,
including, without limitation, ownership provisions,
warranty disclaimers, limitations of liability, and dispute
resolution provisions.
11.
Warranty Disclaimers
Your use of the Services is at your sole risk. Except as
otherwise provided in writing by us and to the extent
permitted by applicable laws, the Services are provided “as
is” and “as available” without warranties of any kind,
express or implied. Without limiting the foregoing, we
explicitly disclaim any warranties of merchantability,
fitness for a particular purpose, non-infringement, and any
warranties arising out of course of dealing or usage of
trade. Some jurisdictions do not allow the exclusion of
implied warranties or limitations on applicable statutory
rights of a consumer, so the exclusion and limitations in
this section may not apply to you.
We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.
12.
Medical Disclaimers
1. The Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care.2. WellzOn is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition.
3. WellzOn does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment.
4. WellzOn does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment.
5. You should always consult a medical professional if you have any questions regarding a medical condition.
6. You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.
Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.
13.
Indemnity
To the fullest extent permitted by applicable law, you will
indemnify, defend, and hold harmless WellzOn and its
officers, directors, partners, employees, and agents
(individually and collectively, the “WellzOn Parties”), from
and against any claims, disputes, demands, liabilities,
damages, losses, and costs and expenses, including, without
limitation, reasonable legal and accounting fees (“Claims”),
arising out of or in any way connected with:
a. your access to or use of the Services.
b. your User Content or feedback.
c. your violation of these Terms.
d. your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights).
e. your conduct in connection with the Services
You will promptly notify the WellzOn Parties of any third-party Claims, cooperate with the WellzOn Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the WellzOn Parties will have control of the defense or settlement, at WellzOn’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and WellzOn or the other WellzOn Parties.
14.
Limitation of Liability
To the fullest extent permitted by applicable law, neither
WellzOn nor any other party involved in creating, producing,
or delivering the Services will be liable for any
incidental, special, exemplary, or consequential damages,
including, but not limited to, lost profits, loss of data or
goodwill, service interruption, computer damage or system
failure, or the cost of substitute Services arising out of
or in connection with these Terms or from the use of or
inability to use the Services, whether based on warranty,
contract, tort (including negligence), product liability, or
any other legal theory, and whether or not WellzOn 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. Some jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, so the above limitation may not apply to
you.
Unless such limits are prohibited by applicable law, in no event will WellzOn’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of:
a. the amounts you have paid to WellzOn for use of the Services.
b. fifty U.S. dollars (US$50).
The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between WellzOn and you.
15.
Agreement to Arbitrate
PLEASE READ THIS SECTION CAREFULLY BECAUSE, UNLESS YOU OPT
OUT, IT REQUIRES YOU AND WELLZON TO ARBITRATE CERTAIN
DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN
SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND
WELLZON FROM SUING IN COURT. YOU AND WELLZON AGREE THAT
ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS
A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF
REPRESENTATIVE PROCEEDING.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, including any claims related to privacy or data security (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
to bring an individual action in small claims court.
to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. For clarity, subject to the terms of this section 16, this agreement to arbitrate applies to Disputes based on events or activities that occurred prior to Last Updated date indicated at the top of these Terms.
Without limiting the preceding sentence, you have the right
to opt out of binding arbitration by providing WellzOn with
written notice of your desire to do so by email at
notices@wellzonapp.com
within thirty (30) days following the date you first agree
to these Terms (such notice, an “Arbitration Opt-out
Notice”). In order to be effective, the Arbitration Opt-out
Notice must include your full name, and mailing address, and
email address and clearly indicate your intent to opt out of
binding arbitration. By opting out of binding arbitration,
you are agreeing to resolve disputes in accordance with
section 17.
These Terms affect interstate commerce, and the enforceability
of this section 16 will be substantively and procedurally
governed by the Federal Arbitration Act, 9 U.S.C. § 1, et
seq., to the extent permitted by law.
1.
Initiating an Arbitration
Before either party brings an arbitration action, it
will first attempt to resolve the Dispute informally via
the following process. If you assert a Dispute against
WellzOn, you will first contact WellzOn by sending a
written notice of your Dispute to WellzOn by certified
mail addressed to WellzOn, LLC, 8735 DUNWOODY PLACE, #
6646, ATLANTA, 30350.
2.
i.
include your name, residence address, email address,
and telephone number.
ii
describe the nature and basis of the Dispute.
iii.
set forth the specific relief sought
3.
If WellzOn asserts a Dispute against you, WellzOn will
first contact you by sending a written notice of WellzOn’s
Dispute to you via email to the primary email address
associated with your account. WellzOn’s notice must
i.
include the name of a WellzOn contact and the
contact’s email address and telephone number
ii
describe the nature and basis of the Dispute
iii.
set forth the specific relief sought
4.
Arbitration Rules
The arbitration will be administered by the American
Arbitration Association (“AAA”) and will be resolved
through binding arbitration before one arbitrator. If
you are a consumer, the then-current version of the
AAA’s Consumer Arbitration Rules (the “AAA Rules”) will
apply, which are available on the AAA’s website
(adr.org). The applicable arbitration rules are amended
by these Terms as follows:
i.
YOU AND WellzOn AGREE THAT ANY ARBITRATION UNDER THESE
TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND
YOU AND WellzOn ARE AGREEING TO GIVE UP THE ABILITY TO
PARTICIPATE IN A CLASS ACTION. The arbitrator may
conduct only an individual arbitration and, except as
described below for the additional procedures to
govern if twentyfive (25) or more similar or
coordinated Disputes are asserted against WellzOn or
you by the same or coordinated counsel, may not
consolidate more than one individual’s Disputes,
preside over any type of class or representative
proceeding, or preside over any proceeding involving
more than one individual.
ii
For any arbitration you initiate, you will pay the
consumer filing fee and WellzOn will pay the
remaining AAA fees and costs. For any arbitration
initiated by WellzOn, WellzOn will pay all AAA fees
and costs.
iii.
For all arbitrations where the Disputes asserted are
for $25,000 or less, the arbitration shall be resolved
according to the AAA’s Procedures for the Resolution
of Disputes through Document Submission, and for all
other arbitrations the following procedure will apply:
(A) the arbitrator will conduct hearings, if any, by
teleconference or videoconference, rather than by
personal appearances, unless the arbitrator determines
upon request by you or by us that an in-person hearing
is appropriate; (B) any in-person appearances will be
held at a location which is reasonably convenient to
both parties with due consideration of their ability
to travel and other pertinent circumstances, and (C)
if the parties are unable to agree on a location, such
determination should be made by the AAA or by the
arbitrator.
iv.
If you or WellzOn submits a dispute to arbitration and
the arbitrator orders any exchange of information, you
and WellzOn agree to cooperate to seek from the
arbitrator protection for any confidential,
proprietary, trade secret, or otherwise sensitive
information, documents, testimony, or other materials
that might be exchanged or the subject of discovery in
the arbitration. You and WellzOn agree to seek such
protection before any such information, documents,
testimony, or materials are exchanged or otherwise
become the subject of discovery in the arbitration.
The arbitrator has exclusive authority to make all
procedural and substantive decisions regarding any
dispute and to grant any remedy that would otherwise
be available in court, including the power to
determine the question of arbitrability.
v.
The arbitrator’s decision will follow these Terms and
will be final and binding. The arbitrator will have
authority to award temporary, interim, or permanent
injunctive relief or relief providing for specific
performance of these Terms, but only to the extent
necessary to provide relief warranted by the
individual Dispute before the arbitrator. The award
rendered by the arbitrator may be confirmed and
enforced in any court having jurisdiction thereof.
Notwithstanding any of the foregoing, nothing in these
Terms will preclude you from bringing issues to the
attention of federal, state, or local agencies and, if
the law allows, they can seek relief against us for
you.
vi.
The AAA Supplementary Rules for Multiple Case Filings
and the AAA Multiple Consumer Case Filing Fee Schedule
will apply if twenty-five (25) or more similar
Disputes are asserted against WellzOn or against you
by the same or coordinated counsel or are otherwise
coordinated (such Disputes, “Coordinated Disputes”).
In addition to the application of the AAA
Supplementary Rules for Multiple Case Filings and the
AAA Multiple Consumer Case Filing Fee Schedule, you
and WellzOn understand and agree that Coordinated
Disputes may delay resolution of your or WellzOn’s
Dispute.
5.
Enforceability
If any portion of this section 16 is found to be
unenforceable or unlawful for any reason, including but
not limited to because it is found to be unconscionable,
i.
the unenforceable or unlawful provision will be
severed from these Terms.
ii
severance of the unenforceable or unlawful provision
will have no impact whatsoever on the remainder of
this section 16 or the parties’ ability to compel
arbitration of any remaining Disputes on an individual
basis pursuant to this section 16
iii.
to the extent that any Disputes must therefore proceed
on a class, collective, consolidated, or
representative basis, such Disputes must be litigated
in a civil court of competent jurisdiction and not in
arbitration.
6.
Changes Notwithstanding the provisions of section 19, if
WellzOn changes this section 16 after the date you first
accepted these Terms (or accepted any subsequent changes
to these Terms), you may reject any such change by
sending us written notice (including by email to
notices@wellzonapp.com
) within 30 days of the date such change became
effective, as indicated in the “Last Updated” date above
or in the date of WellzOn’s email to you notifying you
of such change. In order to be effective, the rejection
notice must include your full name, mailing address, and
email address and clearly indicate your intent to reject
changes made to this section 16. By rejecting any
change, you are agreeing that you will arbitrate any
Dispute between you and WellzOn in accordance with the
provisions of the Terms you previously agreed to. If the
Terms are otherwise modified, without changing this
section 16, you agree that modification will not create
a new right to opt out of arbitration.
16.
Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in the Northern District of California will have exclusive jurisdiction. You and WellzOn waive any objection to venue in any such courts.17.
Modifying and Terminating the Services
We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services.18.
Changes to Terms
We may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via inservice message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in section 16, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.19.
Other Terms
1.
These Terms and all additional terms incorporated herein
constitute the entire and exclusive understanding and
agreement between WellzOn and you regarding the Services,
and these Terms supersede and replace any and all prior
oral or written understandings or agreements between
WellzOn and you regarding the Services.
2.
If any provision or part of a provision of these Terms is
held unlawful, invalid, or unenforceable, that provision
or part of the provision will be enforced to the maximum
extent permissible and is deemed severable from these
Terms, and the other provisions of these Terms will remain
in full force and effect.
3.
These Terms and all additional terms and related
documents, including notices and other communications are
in the English language. Any translations provided are for
your convenience only.
4.
You may not assign or transfer any of your rights or
obligations under these Terms, by operation of law or
otherwise, without WellzOn’s prior written consent. Any
attempt by you to assign or transfer your rights or
obligations under these Terms, without such consent, will
be null and of no effect. We may freely assign or transfer
our rights and obligations under these Terms without
restriction. Subject to the foregoing, these Terms will
bind and inure to the benefit of the parties, their
successors, and permitted assigns.
5.
WellzOn’s failure to enforce any right or provision of
these Terms will not be considered a waiver of such right
or provision. The waiver of any such right or provision
will be effective only if in writing and signed by a duly
authorized representative of WellzOn. Except as expressly
set forth in these Terms, the exercise by either party of
any of its remedies under these Terms will be without
prejudice to its other remedies under these Terms or
otherwise.
6.
The section titles in these Terms are for convenience
only and have no legal or contractual effect. Except as
otherwise provided herein, these Terms are intended
solely for the benefit of the parties and are not
intended to confer thirdparty beneficiary rights upon
any other person or entity. You agree that
communications and transactions between us may be
conducted electronically. Under California Civil Code
Section 1789.3, California consumers are entitled to the
following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be
contacted in writing at 1625 N. Market Blvd., Suite
N-112, Sacramento, California 95834, or by telephone at
1(800) 952-5210
20.
Feedback
WellzOn does not accept nor consider unsolicited creative
ideas, materials, or pitches of any kind. See our
Unsolicited Submissions Policy.
If you provide ideas, suggestions, or other feedback about
WellzOn or the Services, that feedback is not confidential
and may be used by us without restriction and without
payment to you. WellzOn does not waive any rights to use
similar or related ideas previously known to WellzOn,
developed by its employees, or obtained from other
sources.
21.
Contact Information
If you have questions about these Terms or the Services,
please contact WellzOn by email at
support@wellzonapp.com
or write to us at 8735 DUNWOODY PLACE # 6646, ATLANTA, 30350
22.
iOS Minimum Terms for Custom EULA
The following provisions apply if you are accessing or using
our mobile app on an Apple Inc. (“Apple”) branded mobile
device. These Terms, including this section, constitute a
custom EULA for any WellzOn mobile app for purposes of Apple’s
agreements and you acknowledge that Apple’s standard EULA will
not apply.
1.
Acknowledgement
: The Terms are concluded between WellzOn and you only,
and not with Apple, and, as between Apple and us, we are
solely responsible for our app and the content thereof.
2.
Scope of License
: The license granted to you for our app under section 6
of the Terms is limited to a non-transferable license to
use our app on any Applebranded products that you own or
control and as permitted by our Apple Usage Rules set
forth in the app Store Terms of Service, except that our
app may be accessed, acquired, and used by other
accounts associated with the purchaser via “Family
Sharing” or volume purchasing.
3.
Maintenance
We are not obligated to provide any support or
maintenance services for our app except as required by
law. Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to our
app.
4.
Warranty
: We are solely responsible for any warranties, whether
express or implied by law to the effect not effectively
disclaimed under section 12 of the Terms. In the event
of any failure of our app to conform to any applicable
warranty not effectively disclaimed under section 12,
you may notify Apple, and Apple will refund the purchase
price (if any) for our app; and you agree that, to the
maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with
respect to our app, and any other claims, losses,
liabilities, damages, costs, or expenses attributable to
any failure to conform to any warranty will be our sole
responsibility.
5.
Liability
Subject to section 15 of the Terms, we, and not Apple,
are responsible for addressing any claims of yours or
any third-party relating to our app or your possession
and/or use of that app, including:
i.
product liability claims.
ii
any claim that our app fails to conform to any
applicable legal or regulatory requirement.
iii.
claims arising under consumer protection or similar
legislation.
6.
IP Claims:
Subject to section 15 of the Terms, in the event of any
third-party claim that our app or your possession and
use of our app infringes any thirdparty’s intellectual
property rights, we, and not Apple, will be solely
responsible for the investigation, defense, settlement,
and discharge of any such intellectual property
infringement claim.
7.
Legal Compliance
You represent and warrant that you
i.
are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country.
ii
are not listed on any U.S. Government list of
prohibited or restricted parties.
8.
Name and Address:
If you have any questions, complaints, or claims with
respect to our app, they should be directed to us as
specified in section 22.
9.
Third-Party Beneficiaries
: Apple and its subsidiaries are third-party
beneficiaries of these Terms and will have the right
(and will be deemed to have accepted the right) to
enforce these Terms against you as a third-party
beneficiary thereof.
