PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITES. BY USING OR ACCESSING THE SITES, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE OR VIEW THE SITES.
CHANGES TO AGREEMENT
GatherWell may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
CHANGES TO SITE AND SERVICES
GatherWell may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Site and any content, services or material offered on or through out the Site, for any or no reason, and with or without notice.
INTELLECTUAL PROPERTY OWNERSHIP
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of GatherWell, its licensors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by GatherWell under the copyright laws of the United States and other countries. GatherWell may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. GatherWell reserves all rights not expressly granted in and to the Site and the Content.
Unless otherwise noted, GatherWell and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, servicemarks, trade names, and logos of GatherWell. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Sites without the owner’s prior written permission. Unauthorized use of GatherWell and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
USE OF THE SITE
Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without GatherWell’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site. Prior written permission must be obtained from GatherWell to hyperlink in any manner to the Site. GatherWell reserves the right in its sole discretion to terminate this permission at any time with or without notice for any or for no reason.
The Sites may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content or materials on the Sites (collectively, the “User Submissions”). By making a User Submission, you grant to GatherWell an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that GatherWell is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to GatherWell without any monetary or other obligation to you.
You agree not to post on or transmit to the Sites any User Submission or other material that:
- is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that had not been approved in writing by GatherWell;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by GatherWell. GatherWell shall have no obligation to store, keep copies of or return any User Submissions. GatherWell further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Site that it deems to be in violation of the foregoing requirements.
You will be solely responsible and liable for, and will indemnify GatherWell and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights.
NO MEDICAL ADVICE
THE SITE MAY OFFER WELL-BEING, HEALTH, SUSTAINABILITY, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. CNN IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE.
NO FINANCIAL ADVICE
COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
NEITHER GATHERWELL NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THIRD PARTY CONTENT
GatherWell may from time to time post content supplied by third parties and users (collectively “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of GatherWell. GatherWell does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
DISCLAIMERS/LIMITATION OF LIABILITY
While GatherWell uses reasonable efforts to include accurate and up to date information on the Site, GatherWell makes no warranties or representations as to its accuracy. GatherWell assumes no liability or responsibility for any errors or omissions in the Content of the Site.
THE MATERIALS ON, OR ACCESSIBLE FROM, THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GATHERWELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GATHERWELL DOES NOT WARRANT THAT THE ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GATHERWELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT, USER SUBMISSIONS AND OTHER MATERIALS ON, OR ACCESSED THROUGH, THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL GATHERWELL BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF GATHERWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Sites, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of this Agreement.
THIRD PARTY SITES
Certain links on this Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom GatherWell has no control. GatherWell accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. GatherWell makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.
GatherWell respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on Site, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information you have provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
All notices of claimed infringement shall be sent to GatherWell’s copyright agent, whose contact information is noted below:
Attention: Chief Executive Officer
1300 Carleton Street
Berkeley, CA 94702
email address: admin [at] GatherWell.com
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email (another reason to please keep your account settings current). If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You may request that we provide such notices to you in paper format by writing to GatherWell LLC 1300 Carleton Street Berkeley, CA 94702
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to its conflicts of law principles.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between GatherWell and users of the Sites. No delay or failure by GatherWell to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by GatherWell. No single waiver will constitute a continuing or subsequent waiver.
You agree that any cause of action arising out of or related to the Sites or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.