Last Updated June 11, 2019
- ACCEPTANCE OF TERMS
At Homeward Health, LLC d/b/a Wellopp (hereafter “Wellopp”), we believe in utilizing technology to make your personal wellness better. When using the Wellopp website (www.Wellopp.com), we encourage full and complete understanding of the Terms and Conditions of the Site’s usage and agreement with said Terms and Conditions contained herein.
BEFORE ACCESSING OR USING THE SITE IN ANY MANNER, WE STRONGLY URGE YOU TO READ THE TERMS BELOW. SIMPLY BY ACCESSING THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE. WELLOPP’S ACCEPTANCE OF YOU USING THE SITE IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL OF THESE SPECIFIC TERMS AND CONDITIONS ONLY AND YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- OWNERSHIP AND USAGE RIGHTS OF CONTENT
- SOFTWARE USAGE
To the extent that Wellopp provides for the download of Wellopp software from the Site and any information or documentation related thereto (collectively “Software”) or assessments available through the Site, such Software is protected by the applicable copyright, patent or other intellectual property rights of Wellopp.
Any use of this Software is subject to the terms of the applicable end-user or other license terms contained in the files for such Software. You are permitted to use the Software for your personal, non-commercial use or legitimate internal business purposes related to your role as a contractor of Wellopp, partner of Wellopp, or current or prospective customer of Wellopp.
As between the parties, Wellopp solely shall own and hereby retains all rights, title and interest in and to the Software (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual or industrial property rights embodied in the Software). You shall not reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any Software (except to the extent that applicable law expressly prohibits such a reverse engineering restriction or to the extent the specific Software was provided in source code form by Wellopp).
- WARRANTY DISCLAIMERS AND INDEMNIFICATION
Wellopp makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of the information contained in the website and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER WELLOPP NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF WELLOPP, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WELLOPP IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL WELLOPP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, BOARD MEMBERS, ADVISORY BOARD MEMBERS, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL WELLOPP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
- LINKING AND FRAMING
Wellopp does not allow “framing” or “mirroring” the Site without the prior written consent of Wellopp. The Site may provide links to other sites or resources available on the Internet but Wellopp is not responsible for the content or use of those sites and resources, and you accept that Wellopp is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Wellopp 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
- TRADEMARKS AND TRADE NAMES
Homeward Health®, Wellopp®, Better Outcomes. Lower Costs®, company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the trademarks and trade names of Wellopp. Wellopp’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
- ELECTRONIC COMMUNICATIONS
Wellopp uses commercially reasonable security measures with its data storage, communications as well as administrative precautions to protect the security and integrity of email and other electronic communications sent to us. However, no security measures on the internet are 100% free from risk and are entirely secure and therefore we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication. With that said, Wellopp® complies with all state and federal privacy laws related to Personal Health Information through Health Insurance Portability and Accountability Act (“HIPAA”) as well as the Electronic Communication Privacy Act, Cyber Intelligence Sharing and Protection Act and the Computer Fraud and Abuse Act.
Users are prohibited from violating or attempting to violate the security of the site. Wellopp will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users must comply with all state and Federal laws when utilizing the Wellopp website.
- NO UNITED STATES GOVERNMENT RIGHTS
The Software is a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software”, “commercial computer software documentation” and “commercial services”. If you are a U.S. governmental entity, then you acknowledge and agree that (i) use, duplication, reproduction, release, modification, disclosure, or transfer of the Software and any related documentation of any kind, including, without limitation, technical data and manuals, will be restricted in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes, (ii) the Software were developed fully at private expense and (iii) all other use of the Software except in accordance with the license grant provided above is strictly prohibited.