IMPORTANT: Digital Wellness US LLC and its affiliates ("Digital Wellness" “us” or “we”) operates the website diet.mayoclinic.org (the “Site”), the mobile apps, through supplementary services such as health coaches, whether provided online or over the phone, care coordination services or other services related to or offered on the Site (collectively, the “Services”) on behalf of the Mayo Foundation for Medical Education and Research (“Licensor”). The Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile apps related to the Site or provided through the Site or an app store. The terms “you” or “your” refer to the user or viewer of the Services.
These Terms of Use (“Terms”) govern your use of any of the Services that are provided by Digital Wellness. Please read these Terms carefully before accessing or using any of the Services. Each time you access or use the Services, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Services. In addition, certain areas of the Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will control.
To make it easier to review the following Terms of Use, we offer this summary for consideration when purchasing a subscription to any of our programs, including but not limited to, our digital-only programs (such as the Mayo Clinic Diet and Mayo Clinic Diet Rx Companion) and our clinical programs (such as the Mayo Clinic Medical Weight Loss Rx).
Digital-only subscriptions: what you need to know
Clinical subscriptions: what you need to know
The same terms as digital-only subscriptions described above apply when you purchase a clinical subscription such as Mayo Clinic Diet Medical Weight Loss Rx. Please also consider these additional terms:
From time to time, we may have special, discounted recurring long term commitment plans with monthly billing for payment. If you subscribe to such a plan and you decide to cancel at any time prior to the end of the commitment plan period, you will be charged remaining balance of the total plan commitment less any payments made before the cancellation, and any applicable Clinical Services Fees.
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Services or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). You agree to immediately notify Digital Wellness of any change in your billing address or the credit card used for payment hereunder. Your right to use a paid service or a specific product is conditional upon our receipt of payment. All fees are nonrefundable. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. To review the billing terms on your account or to terminate a subscription service, you may email [email protected]
The Services offer health, fitness, and nutrition related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. THE USE OF AND RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES, OUR EMPLOYEES, OR GUESTS OR VISITORS IS SOLELY AT YOUR OWN RISK.
Nothing stated or posted on or available through the Site or any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, licensed or registered dietitian or nutritionist services or providing health care treatment, instructions, diagnosis, prognosis, or advice. Developments in medical research may impact the health, fitness, and nutritional topics discussed on or through the Services, and no assurance can be given that the information contained in the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Services does not create in any way a physician/patient or counselor/client, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensor. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products, or other information that may appear on the Services.
With respect to the Mayo Clinic Diet Rx Medical Weight Loss Rx program, Digital Wellness provides administrative services to and offers care coordination with certain medical groups affiliated with American Well Corporation (“Amwell”), including Online Care Network II P.C., Online Care Group Alaska, P.C., Online Care Group Texas, P.A., and American Well Physicians NJ, P.C. (the “Amwell Medical Group”), each of which are independently owned by licensed physicians. Digital Wellness may also coordinate laboratory tests provided by independently licensed laboratories. Digital Wellness does not own these medical practices and laboratories, employ or in any way supervise or control the health care professionals providing care. The care provided by the Amwell Medical Group and any laboratory is the sole responsibility of each independent entity and the providers each practice or laboratory, as the case may be, employs or contracts with. If You subscribe to the Mayo Clinic Diet Medical Weight Loss Rx program, you must also agree to the Amwell Medical Group’s terms of use and acknowledge their Notice of Privacy Practices. If You are a federal healthcare beneficiary, such as a Medicare or Medicaid beneficiary, you are ineligible for the Mayo Clinic Diet Rx Medical Weight Loss Rx program.
If you are subscribed to the Mayo Clinic Diet Medical Weight Loss Rx program, We may organize information you submit on your medical and/or mental health status for use by an Amwell Medical Group provider and facilitate scheduling of a telehealth medical examination. Digital Wellness does not provide medical advice or care. Digital Wellness contracts with the Amwell Medical Group who provide clinical services. Amwell Medical Group providers deliver clinical services through telehealth exams with their patients. Providers are independently contracted or employed by the Amwell Medical Group. Providers are not contracted or employed by Digital Wellness. The providers, and not Digital Wellness, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from an Amwell Medical Group provider comes from them alone, and not from Digital Wellness. Your interactions with the providers at your telehealth examinations are not intended to take the place of your relationship with any other of your health care practitioners or primary provider. Neither Digital Wellness, nor any of its subsidiaries or affiliates or any third party who may promote the Service, shall be liable for any professional advice obtained from an Amwell Medical Group provider. Digital Wellness does not recommend or endorse any specific providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Amwell Medical Group providers or information delivered by such providers during is solely at your own risk and you assume full responsibility for all risks associated herewith. Digital Wellness does not make any representations or warranties about the training or skill of any Amwell Medical Group providers who deliver clinical services.
You understand and agree that if you receive telehealth care from Amwell Medical Group as a result of using the Services, at the time of such care, the risks and benefits of treatment will be explained to you and you will have the opportunity to ask the provider affiliated with Amwell Medical Group questions about such risks and benefits of treatment and anything you may not understand about the treatment.
Neither Digital Wellness nor Amwell Medical Group endorse any specific medication, laboratory, pharmacy, or pharmacologic product. If an Amwell Medical Group provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers reserve the right to deny care for actual or potential misuse of medical care and any associated prescriptions. You agree that any prescriptions that you acquire will be solely for your personal use and any information You provide to a provider will be true and accurate. You agree to fully and carefully read all provided prescription information and labels and to contact a physician or pharmacist if you have any questions regarding a prescription. Digital Wellness fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Amwell Medical Group to transmit that prescription to the pharmacy of your choice.
Digital Wellness is not an insurer. The Services are not insurance products, and the amounts you pay to Digital Wellness are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Services. You also acknowledge and agree that your use of the Internet and all access to and use of the Services is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Services over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Digital Wellness is not responsible for the security of any information transmitted to or from the Services. Digital Wellness reserves the right to prohibit or terminate use of or access to the Services at any time, without notice, and or any reason.
These Terms provide to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable, “as-is” license to use the Services conditioned on your continued compliance with these Terms. You may print and download materials and information from the Services solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Services, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Services, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services, except as expressly permitted by us, and (vi) use the Services other than for their intended purposes.
The Services are not intended for persons under the age of eighteen (18) and persons under eighteen (18) should not use the Services. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Digital Wellness, its Licensor or our content providers. The Services are for your personal and non-commercial use.
In connection with your use of the Services, you acknowledge and agree that you will not:
In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY DIGITAL WELLNESS OR LICENSOR TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
This section applies to all users that subscribe to and/or use our mobile messaging program. By subscribing and/or using our mobile messaging program, you agree to receive, on any mobile phone number you provide automated SMS or MMS text messages from or on behalf of Digital Wellness or its Licensor.
Once you’ve subscribed, we may send members recurring text alerts with information about the Services and other related news and information. You subscribe to the mobile messaging program by providing your mobile phone number when you register for a membership plan. By providing us with your mobile phone number, you agree that we may send you up You agree that these Terms apply to your participation in the program. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
The mobile messaging program is a standard rate SMS/MMS program and message and data rates may apply.
You may opt-out of the Digital Wellness mobile messaging program at any by texting STOP, QUIT, END, CANCEL, or UNSUBSCRIBE in reply to one of our texts. If you have an Account with us, you may also adjust your communication preferences in your Account settings. After opting out, you may receive a one-time confirmatory text message acknowledging that you have been opted out of receiving further text messages from us. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or opting out through a verbal request, is not a reasonable means of opting out.
For more information at any time, you can reply HELP and will send you a text message with additional ways to contact us by phone and email.
If at any time you intend to stop using the mobile phone number that you used to subscribe, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to end your use of the mobile phone number. You understand and agree that, if you cancel your service plan or otherwise transfer your mobile phone number without notifying us of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile phone number. You understand and agree that your agreement to provide such notice and indemnification is a material part of these terms and conditions. This duty and agreement shall survive any cancellation or termination of your agreement to participate in our mobile messaging program.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE PHONE NUMBER YOU PROVIDED.
The mobile messaging program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with any mobile messaging program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. We are not liable for delayed or undelivered mobile messages.
Participating carriers only. Carriers are not liable for delayed or undelivered messages.
Digital Wellness hosts message boards, chats, social media groups and other forums on the Services, through social media platforms and through the Services (“Public Forums”). These Public Forums are intended to serve as discussion centers for users and subscribers of the Services. Any information that you post on the Public Forums or through the Services may be seen by anyone on the Internet. When posting information on the Public Forums or through the Services, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information, and don't post rumors or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Public Forms or through the Services you must not:
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats, groups or other public forums in the future. Digital Wellness, Licensor or their designated agents may remove or alter any user-created content at any time for any reason on its Services, mobile apps, and social media groups it administers (subject to the access and rights provided by the social media platform). Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Digital Wellness and its Licensor expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will Digital Wellness, its Licensor, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Digital Wellness, its Licensor or any of their subsidiaries or affiliates. Digital Wellness and its Licensor have no obligation whatsoever to monitor any of the content or postings Public Forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. Digital Wellness employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
In addition, Digital Wellness and Digital Wellness’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Public Forums, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale, and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to Digital Wellness shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights, or authorizations to allow Digital Wellness's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
Certain products or services may be offered for sale on or through the Services. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by Digital Wellness or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide us or such third party with the foregoing information as well as any other mandatory information. You agree that any such information provided shall be accurate, complete, and current. You agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing Digital Wellness with your credit card number and associated payment information, you agree that Digital Wellness and/or our third party service providers are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your order, including but not limited to service fees, subscription fees or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to an applicable Service requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your account at the beginning of each recurring period.
Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Services by third parties, including information providers, are those of the respective authors or distributors and not Digital Wellness. Neither Digital Wellness, its Licensor nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither Digital Wellness nor its Licensor endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Services by anyone other than an authorized Digital Wellness or Licensor representative while acting in his/her official capacity. You may be exposed through the Services to content that violates our policies, is sexually explicit, or is otherwise offensive. We take no responsibility for your exposure to third party content on the Services. Digital Wellness and its Licensor do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third party sources. We do not advocate the use of any product or procedure described in or through the Services, nor are we responsible for misuse of a product or procedure due to typographical error.
In order to access certain features of the Services, you will need to register for an account (“Account”) by completing the registration process and providing Digital Wellness with current, complete, and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Digital Wellness which is untrue, inaccurate, not current, or incomplete, Digital Wellness reserves the right to terminate your access and use of the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Digital Wellness immediately of any unauthorized use of your account or any other breach of security. Neither Digital Wellness nor its Licensors will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Digital Wellness, its Licensor, or another party due to someone else using your account or password.
By creating an Account, you consent to receive electronic communications (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your existing relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
We reserve the right to disallow you to post a hyperlink to the Site at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:
The links on any of the Site and/or Services may let you leave the particular Site or Service you are accessing in order to access a linked third party site (the "Linked Sites"). Digital Wellness provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Digital Wellness reviewed or approved the content which appears on the Linked Sites. Digital Wellness is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Digital Wellness 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 any of the links, content, goods or services available on or through the Linked Sites.
Your participation, correspondence or business dealings with any third party found on or through the Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that neither Digital Wellness nor Licensor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Digital Wellness's Privacy Policy with respect to the collection and use of your personally identifiable information is set forth at Privacy Policy and is incorporated by reference into these Terms. BY ACCESSING THE SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY. If you subscribe to the Mayo Clinic Diet Medical Weight Loss Rx program you must also accept Amwell’s privacy policy and the Amwell Medical Group’s Notice of Privacy Practices.
THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIGITAL WELLNESS, ITS LICENSOR AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, OR SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF AND ACCESS TO THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.
NEITHER DIGITAL WELLNESS NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF DIGITAL WELLNESS OR LICENSOR TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES. To the extent permitted by applicable law, the scope and duration of such warranties and the extent of our liability will be the minimum permitted under such applicable law. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and Digital Wellness. The Services presented would not be provided without such limitation. However, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold Digital Wellness and Licensor, their subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these Terms; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Services.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Digital Wellness infringe your copyright, you or your agent may send to Digital Wellness a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Digital Wellness actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Digital Wellness a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
Notice of claims of copyright infringement or counter notices should be directed to: [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed by these Terms, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The postings of information or materials on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
Digital Wellness makes no representation or warranty that the content and materials on the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Digital Wellness reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
You agree that Digital Wellness, in its sole discretion, may terminate your password, Account (in whole or in part) or use of the Services, and remove and discard any content within the Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
These Terms and the relationship between you and Digital Wellness shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Digital Wellness irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The failure of Digital Wellness to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.
We may perform any of our obligations or exercise any of our rights under this Terms through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Digital Wellness or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this Terms. You may not assign your rights or obligations under this Terms, by operation of law or otherwise, without our prior written consent.
We will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays us in fulfilling our obligations hereunder.
We may modify these Terms at any time, as we deem appropriate. If you disagree with the changes to the Terms, you must discontinue your use of the Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Services following such notice signifies your acceptance of the modified Terms. It is your responsibility to review the Terms regularly to be aware of such modifications. We reserve the right to modify or discontinue the Services with or without notice. We will not be liable to you, or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the as so modified and your use of new Services will be governed by these Terms.
If you have any questions or concerns about these Terms of Service, please contact us by mail or email using the following information:
Digital Wellness
Attn: The Privacy Officer
55 Washington Street
Suite 500
Brooklyn, NY 11201
Email: [email protected]
Date of Last Revision: April 9, 2024