Terms of Service
WellSeek’s Services and Disclaimer
WellSeek is not a licensed or registered dietitian, nutritionist or nutritional expert. WellSeek is a health and wellness company that connects businesses and individuals to the advice, services, and content of registered nutritional counselors and dietitians (“Dietitians”). Dietitians are qualified health professionals accredited by the Commission on Dietetic Registration (“CDR”). WellSeek also provides online business coaching programs, resources, and consulting services to Dietitians as part of the Offerings.
DIETITIANS ARE NOT EMPLOYEES OR AGENTS OF WELLSEEK. Each Dietitian is responsible for obtaining your informed consent to any nutritional advice or treatment, including without limitation, your consent to use telehealth in the course of any consulting conducted through the Offerings to the extent such consent is required by applicable state law. Each Dietitian who provides their website or is listed on the Offerings sets his/her pricing and rate schedule for the services provided. The Dietitians have no financial interest in WellSeek.
WELLSEEK’S OFFERINGS TO BUSINESSES AND INDIVIDUALS DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHE PROFESSIONAL HEALTH CARE, KNOWLEDGE, ADVICE, DIAGNOSIS OR TREATMENT BY WELLSEEK. WELLSEEK IS AN ONLINE PLATFORM FACILITATING ACCESS TO ADVICE, CONTENT, AND SERVICES PROVIDED BY DIETITIANS THROUGH THE OFFERINGS.
While the Offerings may provide access to certain general nutritional and health information, and also may provide messaging and other digital functionalities to contact your Dietitian(s), the Offerings cannot and are not intended to provide medical advice. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding personal health or a medical condition. You shall never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Offerings. Reliance on any information provided through the Offerings is solely at your own risk. If you have or suspect that you have a medical emergency and you are in the United States, please call 911 or call for emergency medical help on the nearest telephone.
Under the Offerings, exclusive control and responsibility for the delivery of nutritional counseling services is reserved to your Designated Dietitian(s). WellSeek provides Dietitian profiles so you may select a Dietitian to work with. To the extent nutritional and health advice is provided to you by a Dietitian through the Offerings, such advice is based on your personal health data as provided to such Dietitian by you and the local standards of care for your presenting symptoms, based on your use of the Offerings. Responses are not provided by WellSeek, but rather are provided by your Dietitian. The Offerings may also include tools that assist Dietitians.
WellSeeks recommends that Dietitians obtain professional liability insurance for their services. You understand and agree that WellSeek does not act as an insurer or contracting agent. Any agreement you enter into with a Dietitian is between you and the Dietitian and WellSeek is not a party to it. You acknowledge and agree that Dietitians are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals they may employ and that WellSeek is not responsible or liable for these acts and/or omissions.
WellSeek recommends that Dietitians obtain a National Provider Identifier (“NPI”). The NPI is a unique identification number for covered health care providers and covered health care providers are required to use the NPIs in the administrative and financial transactions adopted under the Health Insurance Portability and Accountability Act (“HIPAA”). The NPI is mandatory if a Dietitian accepts insurance. It is also advantageous for accepting out-of-pocket payments as you may more easily obtain a reimbursement. You will be notified whether each Dietitian has a NPI and each Dietitian with a NPI will receive an indicator of “NPI Registered” by WellSeek on his/her profile page.
NO ASPECT OF THE OFFERINGS (OTHER THAN A DIRECT RESPONSE FROM YOUR DESIGNATED QUALIFIED DIETITIAN) SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, PROFESSIONAL MEDICAL KNOWLEDGE, ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS SPEAK WITH YOUR HEALTH CARE PROVIDER FOR DIAGNOSIS AND TREATMENT, INCLUDING YOUR SPECIFIC MEDICAL NEEDS. WE DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION IS COMPLETE, ACCURATE OR UP-TO-DATE, NOR THAT ANY PARTICULAR SERVICE OR PRODUCT REFERRED TO IN THE SERVICES IS SAFE, APPROPRIATE OR EFFECTIVE FOR YOU.
ANY INFORMATION PROVIDED (OTHER THAN FROM YOUR DESIGNATED QUALIFIED DIETITIAN) ARE FOR EDUCATIONAL PURPOSES ONLY. WELLSEEK IS NOT RESPONSIBLE FOR THE CONTENT OR PRODUCTS OF ANY OR ALL LINKS MADE FROM AND TO THIS SITE BY THIRD PARTY SITES. WELLSEEK DISCLAIMS ANY LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OUR WEBSITE CONTENT AND/OR SERVICES. WEBSITE CONTENT MAY BE AN EXPRESSION OF PERSONAL KNOWLEDGE AND EXPERIENCES OF DIETITIANS.
Acceptance of Terms of Service
WellSeek’s Offerings may be subject to additional terms and conditions specified by us from time to time and your use of such offerings is subject to these additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Offerings, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Using Our Offerings
You may use our Offerings only in compliance with these Terms of Service and you are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Offerings is revoked where these Terms of Service or use of the Offerings is prohibited or to the extent offering, sale or provision of the Offerings conflicts with any applicable law, rule or regulation. You represent and warrant that you are either (i) at least 18 years of age, or (ii) at least 13 years of age and use the Offerings with the supervision and permission of a parent or legal guardian who is responsible for any and all activity on the offerings. If you open an account on behalf of a company, organization, or other entity, then as used herein: (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf.
We may, in our sole discretion, refuse to offer the Offerings to any person or entity and change its eligibility criteria at any time.
Activating Your Account
You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may never use another person’s user account or registration information for the Offerings without permission. Please select a secure password for your Account and keep your password confidential. You should never publish, distribute or post login information for your Account.
You are solely responsible for keeping your Account password confidential and secure, and further understand you are solely responsible and liable for any activity that occurs on your Account. You must notify us immediately of any change in your eligibility to use the Offerings (including any changes to or revocation of any licenses from state or federal authorities), breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
By creating an Account, you expressly consent to the use of: (i) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (ii) electronic records to store information related to these Terms of Service or your use of the Offerings. By continuing to access or use the Offerings after any revision to these Terms of Service becomes effective, you agree to be bound by the revised terms.
By creating an account and designating your Dietitian(s), you agree to disclose the contents of your complete WellSeek profile to your Designated Dietitian(s).
WellSeek cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements under this Section 4.
For the purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Offerings. Content also includes all Dietitian Content and User Content.
As part of its platform, WellSeek may provide profile pages for Dietitians so they can post relevant information about their education, training, experience, and areas of specialization. Dietitian Content includes, without limitation, all Content added, created, uploaded, submitted, distributed, or posted to the Offerings by Dietitians, whether publicly posted or privately transmitted. Dietitian Content is the sole and exclusive responsibility of the Dietitian who originated such Dietitian Content. WellSeek expressly disclaims any and all liability for any Dietitian Content, including without limitation, the accuracy or reliability of any information contained therein. You acknowledge that all Dietitian Content accessed by you using the Offerings is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
User Content includes, without limitation, all Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted (“Public User Content”) or privately transmitted (“Private User Content”). User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Offerings is or will continue to be accurate. As part of your access to our Offerings you agree to abide by our Acceptable Use Policy. Except as expressly provided in these Terms of Service, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Offerings without our permission.
WellSeek’s Offerings may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Offerings.
Subject to these Terms of Service, WellSeek grants each user of the Offerings a worldwide, non-exclusive, non-sublicensable, and non-transferrable license to use (i.e., to download and display locally) Content solely for the purpose of using the Offerings. Use, reproduction, modification, distribution or storage of any Content for purposes other than your personal use of the Offerings is expressly prohibited without prior written permission from WellSeek. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use in any way that violates any third party right. Unless otherwise expressly agreed in writing by WellSeek, the Services are only permitted to be used within the United States of America.
By submitting Private User Content through the Services, including without limitation your health-related information, you hereby do and shall grant WellSeek a worldwide, non-exclusive, perpetual (provided however that you will have the right to revoke such license at any time or upon termination of your Account), royalty-free, fully paid, sublicensable and transferable license to aggregate, anonymize, analyze, evaluate and publish the Private User Content solely as necessary to provide you with the Offerings, including without limitation by providing such Private User Content to any Dietitian(s) designated by you. By submitting Public User Content through the Offerings, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, store, edit, modify, truncate, aggregate, reproduce, transmit, distribute, display, publish, perform and otherwise fully exploit the Public User Content in connection with the Offerings and our (and our successors' and assigns') businesses, including without limitation, for promoting and redistributing part or all of the Offerings (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Offerings. You also hereby do and shall grant each user of the Offerings a non-exclusive, perpetual license to access your Public User Content through the Offerings, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, publish and perform such Public User Content, including after your termination of your Account or the Offerings. For clarity, the foregoing license grants to WellSeek, your designated Dietitian(s) and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
WellSeek does not guarantee that any Content will be made available on or through the Offerings. WellSeek reserves the right to, but does not have any obligation to, (i) remove, edit or modify any Content in our sole and exclusive discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Offerings.
Modifications to Our Offerings
WellSeek reserves the right to modify, edit, suspend or terminate the Offerings (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. WellSeek shall not be liable to you or any third party for any modification or cessation of the Offerings. WellSeek has no express or implied obligation to provide, or continue to provide, the Offerings, or any part thereof, now or in the future. WellSeek reserves the right to modify or impose any limitations on the use of the Offerings at any time, with or without notice to you.
Potential Data Loss
The technology supporting the Offerings may include issues that could cause failures, corruption, or loss of data and/or information from your devices (including, without limitation, laptops, tablets, phones, computers, and servers) and peripherals connected thereto. WellSeek strongly encourages you to back-up all data and information that you intend to use in or submit to the Offerings.
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE DEVICE AND PERIPHERALS, AND ANY DAMAGE OR LOSS TO ANY EQUIPMENT, SOFTWARE, CONTENT, INFORMATION, OR DATA, WHETHER OR NOT SPECIFIED HEREIN.
Third Party Services
The Offerings may contain links to other websites, services, content or resources on the Internet, and other websites, advertisers, services, content or resources may contain links to the Offerings. When you access any third party website, service, content or resources on the Internet, you do so at your own risk. These other websites, services, content or resources are not owned or controlled by WellSeek, and you acknowledge that WellSeek is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, content or resources. The inclusion of any such link does not imply WellSeek’s endorsement or any association between WellSeek and the operators of the link. You acknowledge and agree that WellSeek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website, service, content or resource.
Payments and Billing
Paid Services. Certain of our Offerings may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. You acknowledge and agree that you shall be personally responsible for all incurred expenses. You agree to promptly pay all applicable fees and charges for your use of the Offerings (including without limitation a Dietitian's provision of services to you), and you authorize us to automatically deduct all applicable charges and fees from the payment account(s) you designate in your Account. You understand and agree that you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled services if you do not cancel a scheduled appointment at least two business days in advance. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your Account through the Offerings.
Refunds. You understand and agree that as a general matter there are no refunds or exchanges, unless WellSeek decides to issue a refund or exchange in its sole and exclusive discretion.
Payment transactions through this site are processed and disbursed by Stripe, our third-party payment processor. Stripe may not support all payment methods, currencies or locations, and is solely responsible for its performance of card processing and their related services. By agreeing to these Terms, you agree to be bound by Stripe’s Terms of Service. Any breach of those terms will be treated as a breach of these Terms.
You are responsible for paying any applicable taxes for your use of the Services.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE CONTACT US AT INFO@WELLSEEK.IO.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT OR BY CONTACTING US AT INFO@WELLSEEK.IO. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Subscription Services. Unless you opt out of auto-renewal, which can be done through your Account Settings, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
WellSeek may terminate or suspend your access to all or any part of the Offerings at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. WellSeek reserves the right to reduce or restrict access to our Offerings by any account that, in WellSeek’s sole discretion, has received too many complaints (e.g., copyright or trademark infringement complaints and/or violations, as provided by our Intellectual Property Policy). This may include (i) restricting the ability by the WellSeek Account to post new content; (ii) modifying existing content by the WellSeek Account; and/or (iii) terminating the WellSeek Account. If you wish to terminate your Account, you may do so by following the instructions through the Offerings. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
WellSeek has not special relationship with or fiduciary duty to you. You acknowledge that WellSeek has no duty to take any action regarding: (i) which users gain access to the Offerings; (ii) what effect any of the Content has on you; (iii) what Content you access via the Offerings; or (iv) how you may interpret or use the Content.
You release WellSeek from any and all liability for you having acquired or not acquired Content through the Offerings. WellSeek makes no representations concerning any Content contained in or accessed through the Offerings, and WellSeek will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Offerings.
WellSeek does not guarantee that you will be accepted as a registered user, or as a client by one of our Dietitians. Even if you are accepted as a client by a Dietitian, such Dietitian may determine that online nutritional counseling services are not appropriate for some or all of your needs, and accordingly may elect not to provide online nutritional counseling services to you through the Offerings in such Dietitian’s sole discretion.
WELLSEEK’S OFFERINGS AND ALL INCLUDED CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WELLSEEK SPECIFICALLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE OFFERINGS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE OFFERINGS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE OFFERINGS WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE; OR (V) THE RESULTS OF USING THE OFFERINGS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE OFFERINGS IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION PROVIDED TO YOU BY WELLSEEK WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, offices, directors, agents, contractors, suppliers, and representatives from all liabilities, claims, causes of action, demands, liabilities, losses, suits, disputes, damages, costs and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Offerings, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Offerings, of any intellectual property or other right of any person or entity. WellSeek reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR OFFICERS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE OFFERINGS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE OFFERINGS; OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR OFFERINGS DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00. NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF DIETITIANS OR OTHER LICENSED HEALTHCARE PROFESSIONALS ARISING FROM OR RELATED TO MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, OR TREATMENT THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN NO EVENT SHALL WELLSEEK BE LIABLE FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A DIETITIAN. IF YOU ARE DISSATISFIED WITH THE OFFERINGS, THE CONTENT, OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OFFERINGS.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of San Diego County, California.
ARBITRATION AND CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE OFFERINGS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN SAN DIEGO, CALIFORNIA UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by JAMS. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with us.
WellSeek reserves the right, in its sole and exclusive discretion, to modify, edit or replace any of these Terms of Service, or change, suspend, or discontinue the Offerings (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on WellSeek’s website or by sending you notice through the Offerings, via e-mail or by another appropriate means of electronic communication. WellSeek may also impose limits on certain features and services or restrict your access to parts or all of the Offerings without notice or liability. While WellSeek will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Offerings following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Intellectual Property Policy
WellSeek has adopted and implemented an Intellectual Property Policy in accordance with all applicable law, including the Digital Millennium Copyright Act. For more information, please refer to the WellSeek Intellectual Property Policy.
Acceptable Use Policy
WellSeek has adopted and implemented an Acceptable Use Policy in accordance with all applicable law. For more information, please refer to the WellSeek Acceptable Use Policy.
WellSeek values hearing from our users, and are always interested in learning about ways we can improve WellSeek. If you choose to submit comments, ideas or feedback, you agree that WellSeek is free to use them without any restriction or compensation to you. By accepting your submission, WellSeek does not waive any rights to use similar or related feedback previously known to WellSeek, or developed by our employees, or obtained from sources other than you.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Offerings, including use of the Offerings, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Offerings. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Force Majeure. WellSeek shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Protected Health Information
If you are a client receiving nutritional advice or consultations through the Offerings from a Dietitian, you have other rights with respect to the access, use, and disclosure of your protected health information ("PHI"). For a more complete description of your rights under the Health Insurance Portability and Accountability Act (“HIPAA”), please refer to your Dietitian's Notice of Privacy Practices, which provides important information to you about how your PHI may be used and disclosed.
WellSeek may request and receive some of your financial information from our Payment Processor for the purposes of completing transactions through the Offerings, protecting against or identifying fraudulent transactions, and otherwise as needed to manage the Offerings.
In addition to log data and cookies, WellSeek may also collect information about the device through which you access our Offerings. This information may include operating system, device settings, unique identifiers, and operational data. Different types of information can be collected based on your specific device, which also depends on the policies of your device manufacturer or software provider.
We do not provide Personal Information to any third parties for use outside of the Offerings. We may serve advertisements and also allow third party advertisements through the Offerings. These advertisements are sometimes targeted and served to particular users and may come from third party companies (“ad networks”), including third party ad servers, ad agencies, ad technology vendors and research firms. The advertisements may target users who fit a certain general profile category based on anonymized information inferred from information provided to us by a user, including Personal Information, usage patterns of particular users, or your activity on Third Party Services.
When using the Offerings you may share your Personal Information and/or PHI with your designated Dietitian(s). By using the Offerings, you expressly consent to sharing your Personal Information and/or PHI with your Dietitian, and you understand that all information shared with your Dietitian is subject to your Dietitian’s professional and legal duties of confidentiality and responsibility, which WellSeek does not control. You expressly authorize the sharing of this information with other Dietitians on WellSeek who you elect to contact.
WellSeek may employ and contract with other people and entities that perform certain tasks on our behalf and who are under our control (“Agents”). We may share Personal Information with our Agents to provide products and services to you. Unless otherwise advised, our Agents, do not have any right to use Personal Information or other information we share with them outside of the scope of what is necessary to assist you. You hereby consent to our sharing of Personal Information with our Agents.
We seek to protect Account information to ensure that it is kept private. WellSeek stores all of your information using industry-standard techniques. However, WellSeek cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information and protect your password.
When we collect, maintain, access, use, or disclose your Personal Information and/or PHI, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA. We will limit access to your Personal Information and PHI to personnel who have a need to know it for purposes of delivering our Offerings. All of our personnel must comply with our restrictions on access, use, and disclosure of PHI or fact disciplinary action.
California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: firstname.lastname@example.org.
You may delete your Account by emailing email@example.com. When you terminate your account, WellSeek will deactivate it and remove your content from WellSeek. WellSeek may retain archived copies of your information as required by law or for legitimate business purposes.
You may contact WellSeek at the following email address: firstname.lastname@example.org.