1. What information is collected by Wellify and how is it used?
Wellify is committed to protecting the privacy of personal information to the extent possible, subject to applicable state and federal law. Other than as required by laws that guarantee public access to certain types of information, or in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared. In particular, we do not distribute or sell personal information collected on our web servers.
We do not collect any protected health information and we are committed to protecting your personal privacy.
We do not collect information about our users through log files. The company to which we outsource our web hosting function may collect the domains previously viewed by our visitors, but Wellify does not obtain or share this information with any other entity.
3. What security protections are in place on the Site?
Wellify has implemented generally accepted standards of technology and operational security to secure your personal information. To prevent unauthorized access and ensure the appropriate use of information, Wellify has put into place physical, electronic, and managerial procedures that safeguard and secure our Site.
4. What policies apply to links out to third-party websites?
Occasionally, at our discretion, we may include, offer or link to third-party products or services on our Site. These third-party websites may have separate and independent privacy policies. We therefore have no responsibility or liability for the content, activities and data collection and use practices of these linked websites. We encourage you to carefully review the privacy policies of the websites you visit.
5. How can I contact Wellify with questions or comments about privacy issues?
6. Children’s Privacy
The Site is designed to provide information and services for adults. The Site is not designed to attract minors, in particular children under the age of 13. Wellify does not market to or knowingly collect information from anyone under the age of 13. Children should always receive permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.
Please read this Agreement carefully. By accessing and using the Site, you acknowledge and agree that you have read, understood and agree to be bound by this Agreement without limitation or qualification and that you shall comply with all applicable laws, rules and regulations. If you do not agree to be bound by this Agreement, you should immediately cease all usage of the Site.
1. Description of the Site
Wellify provides virtual studio management tools for wellness instructors. The contents of the Site are for general informational purposes only.
2. Accessing and Using the Site; Restrictions on Use
Subject to your ongoing compliance with this Agreement, Wellify hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, freely revocable license to access and use the Site solely for your personal, non-commercial and lawful purposes.
Your use of the Site, including all features and functionalities associated therewith, shall be in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Site or its Content. You shall comply with this Agreement and shall not: (i) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works of, offer for sale, or use, any Content or information contained in or obtained from or through the Site; (ii) delete the copyright or other proprietary rights notices from the Site or any Content; (iii) circumvent, remove, alter, deactivate, degrade or thwart any of the Content or other protections enabled on the Site; (iv) use any robot, spider, scraper or other automated means to access the Site; (v) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; (vi) insert any code or product or manipulate the Site in any way; (vii) use any data mining, data gathering or extraction method; (viii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site, including any software viruses or any other computer code, files or programs; (ix) remove, modify, disable, block, impair, or obscure any advertising in connection with the Site; or (x) use or encourage the use of the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Wellify shall have the right to alter, suspend or discontinue the Site or your access to or use of the Site at any time for any reason without notice or liability to you or any third party. The Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems, software, data or operations for which Wellify shall not assume any liability.
Further, Wellify does not grant you permission, by implication, estoppel or otherwise, to state or suggest that Wellify promotes or endorses any third party’s political views, ideas, causes, products or services. All other rights are hereby expressly reserved.
3. Privacy and Data Protection
4. Your Account
Wellify may make certain services available to you that enable or may require you to register an account (an “Account”). Registering an Account requires you to provide Wellify with information about yourself. When you register an Account, you shall provide true, accurate and complete information. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. By registering for an Account, you confirm that you are 18 years or older. Wellify reserves the right, in its sole discretion, to suspend or terminate your Account at any time for any reason.
You agree to maintain control over your Account and to neither share the credentials of your Account nor access the Site with the credentials of another person’s Account. For the sake of clarity, an Account is owned by the person or entity whose payment information is on file with Wellify. You are responsible for maintaining the confidentiality of any password you create for your Account. If you determine, or have reason to believe, that an unauthorized party has gained access to your password, you shall immediately notify Wellify. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.
You agree that we may send you information relating to your Account (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages or other notices) in electronic form, for example via e-mail to the e-mail address you provide during registration.
To find more information about our products and services and their features or if you need assistance with your Account, please contact us via e-mail at [email protected].
5. Orders and Billing
Wellify accepts payments through the Site by credit card. All pricing is in U.S. Dollars, and Wellify accepts payment in U.S. Dollars. In the event of failed payment processing with respect to any purchase through the Site, you agree to allow Wellify to continue to attempt to complete payment processing on your Account. If processing payment is unsuccessful, Wellify reserves the right to cancel your order and suspend your Account.
Your total price shall include the listed price, including any applicable sales tax, goods and services or value added tax. Such state and local sales tax shall be determined based on your shipping address and the sales tax rate in effect at the time you purchase the product. We shall charge tax only in states and other territories where goods and services sold over the Internet are taxable. In certain territories outside the United States, a customs duty may be due, payment of which you agree shall be your responsibility. You acknowledge that certain payment methods may have foreign transaction and/or currency fees, and that such fees shall be your sole responsibility.
Wellify cannot and does not guarantee the accuracy or completeness of the Site or the information available thereon. You understand that any information on the Site may contain errors, including but not limited to pricing, typographical errors, technical inaccuracies, and other errors, which Wellify reserves the right to correct without liability. Wellify does not guarantee that any particular product or service will be available or as described, and it expressly reserves the right to make substitutions or omissions at its discretion. In the event that any product or service available for purchase on the Site is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Wellify shall have the right to refuse or cancel any orders placed for such incorrectly listed products. Wellify shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Wellify shall immediately issue a credit to your credit card account in the amount of the charge.
6. Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED BY WELLIFY ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permitted by applicable law, Wellify disclaims all representations and warranties, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, Wellify does not represent or warrant that: (i) the Content, information or results on or provided through the Site are correct, accurate, or reliable; (ii) access to and use of the Site shall be uninterrupted or error-free; or (iii) the Site or the server that makes it available is free of viruses or other harmful components or defects or that defects shall be corrected.
7. Limitation of Liability
YOUR USE OF AND ACCESS TO THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL WELLIFY OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (THE “WELLIFY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE WELLIFY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WELLIFY PARTIES, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE SITE, ANY DELAY IN OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE FIFTY U.S. DOLLARS ($50.00).
YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WELLIFY WOULD NOT ALLOW YOU TO ACCESS OR USE THE SITE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You shall indemnify and hold harmless the Wellify Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Site; (ii) your actual or alleged breach of this Agreement; or (iii) any infringement by you or any other user of the Site using your computer of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. Wellify reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. Modifications and Interruption to Services
Wellify reserves the right to modify or discontinue the Site and its Content with or without notice to you. Wellify shall not be liable to you or any third party should Wellify exercise its right to modify or discontinue the Site or its Content. You acknowledge and agree that Wellify does not guarantee continuous, uninterrupted or secure access to the Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
10. Third-Party Sites
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without giving effect to its choice of law rules. Any action, claim or proceeding arising out of or relating to the Site or this Agreement shall be brought in the appropriate court located in Ontario, Canada. You hereby consent to the exclusive jurisdiction of such court in any such action, claim or proceeding and submit yourself to such jurisdiction.
12. Compliance with Laws
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You shall not use the Site or its Content in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on the Site, including, but not limited to, all screening programs, text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto, and the features and functionality of the Site (collectively “Content”) is the exclusive property of Wellify or its licensors and is protected by Canadian, U.S. and international laws. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Wellify is strictly prohibited. You shall not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.
Wellify is a proprietary service mark of Year Zero Corporation. Wellify’s marks shall not be used in connection with any products or services that are not provided by Wellify, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wellify. Other trademarks displayed on our Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation.
We reserve the right, at any time, to revise, amend, modify or delete portions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after amendments are posted constitutes your acknowledgement and acceptance of the Agreement and its revisions, amendments, modifications or deletions.
15. Other Terms
If any provision of this Agreement shall be held to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Wellify shall have the right to freely assign this Agreement and any other agreements referenced herein in its sole discretion for any purpose. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between you and Wellify in relation to your access to and use of the Site and its Content.