Terms and Conditions

Effective Date: January 1st, 2023

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and WellReviewed (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://wellreviewed.co website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in California, United States, and have our registered office at 5161 Lankershim Blvd, North Hollywood, CA 91601. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. By continuing to use the Site after the date such revised Terms of Use are posted, you will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us. They are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

You have the legal capacity and you agree to comply with these Terms of Use;
You are not under the age of 13;
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit any material that acts as a passive or active information collection or transmission mechanism.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site.
Copy or adapt the Site’s software.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Use any unauthorized scripts or software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site.
Use the Site as part of any effort to compete with us.
Use the Site to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.

5. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, videos, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance of your Contributions does not and will not infringe the proprietary rights of any third party.
You are the creator and owner of or have the necessary licenses to use and authorize us to use your Contributions.
You have the written consent of each identifiable individual person in your Contributions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, or otherwise objectionable.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten any other person.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography.
Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate these Terms of Use or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in termination or suspension of your rights to use the Site.

6. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to:

Host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions (including your image and voice) for any purpose.

This license includes the right to prepare derivative works of, or incorporate into other works, such Contributions, and to grant sublicenses of the foregoing. You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions provided by you.

We have the right, in our sole discretion, to:

Edit, redact, or otherwise change any Contributions;
Re-categorize any Contributions to place them in more appropriate locations on the Site;
Pre-screen or delete any Contributions at any time and for any reason.

We have no obligation to monitor your Contributions.

7. GUIDELINES FOR REVIEWS

We may provide areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed.
Your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language.
Your reviews should not contain discriminatory references.
Your reviews should not contain references to illegal activity.
You should not be affiliated with competitors if posting negative reviews.
You should not make any conclusions as to the legality of conduct.
You may not post any false or misleading statements.
You may not organize a campaign encouraging others to post reviews.

We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.

By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to reviews.

8. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.

You waive all moral rights to any such Submissions and warrant that any such Submissions are original with you or that you have the right to submit them.

9. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites (“Third-Party Websites”) as well as content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content available through the Site.

If you decide to leave the Site and access Third-Party Websites or use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies of any website you navigate to from the Site.

We do not endorse the products or services offered on Third-Party Websites and you agree to hold us harmless from any harm caused by your purchase of such products or services.

10. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided or products sold through those advertisements.

As an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site. We simply provide the space to place such advertisements and have no other relationship with advertisers.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms of Use;
Take appropriate legal action against anyone who violates the law or these Terms of Use;
Refuse, restrict access to, limit the availability of, or disable any of your Contributions;
Remove from the Site or disable all files and content that are excessive in size or burdensome to our systems;
Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://wellreviewed.co/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Please be advised the Site is hosted in the United States. If you access the Site from any other region with laws governing personal data collection, use, or disclosure that differ from U.S. laws, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

13. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

We may terminate your use or participation in the Site or delete any content or information you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or the name of any third party.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.

We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions or errors.

15. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (“Dispute”), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If we are unable to resolve a Dispute through informal negotiations, the Dispute will be finally resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).

Restrictions

The arbitration shall be limited to the Dispute between the parties individually. There is no right or authority for any Dispute to be arbitrated on a class-action basis.

Exceptions to Informal Negotiations and Arbitration

The parties agree that the following Disputes are not subject to the above provisions:

Any Disputes seeking to enforce or protect intellectual property rights;
Any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use;
Any claim for injunctive relief.

17. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

18. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

Your Contributions;
Use of the Site;
Breach of these Terms of Use;
Violation of the rights of a third party;
Any overt harmful act toward any other user of the Site.

21. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws that require an original signature or delivery or retention of non-electronic records.

23. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834
Telephone: (800) 952-5210 or (916) 445-1254

24. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

25. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

WellReviewed

5161 Lankershim Blvd, North Hollywood, CA 91601
United States

Email: accounts@wellreviewed.co