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Widget Terms and Conditions of Use

 

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PLEASE READ THESE WIDGET TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WIDGET.

By using graphics and code and any associated documentation for Wellsphere's widgets (collectively, the �Wellsphere Widgets�), you agree to be bound by the following terms and conditions (these �Terms and Conditions�). If you do not agree to all of these Terms and Conditions of use, do not use the Wellsphere Widgets!

Wellsphere, Inc. ("Wellsphere") may revise and update these Terms and Conditions at any time. Your continued usage of the Wellsphere Widgets will mean you accept those changes.

Description

Wellsphere Widgets are small software modules operating within or connecting to Wellsphere's environment and appearing on a device or Web Site of your designation, which provides you with access to a variety of content and services. Widgets, including the content and services provided therein, are made available for your use by Wellsphere (each a "Wellsphere Widget") subject to these Terms and Conditions.

License Grant

Subject to these Terms and Conditions, and except as otherwise expressly set forth in these Terms and Conditions, Wellsphere grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use Wellsphere Widgets.

Restrictions

You may not do any of the following with any Wellsphere Widgets: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Wellsphere Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Wellsphere Widgets; (b) obtain or attempt to obtain unauthorized access to Wellsphere's network; (c) incorporate Wellsphere Widgets into any hardware or software device that you are not authorized to use or otherwise modify; (d) use, export, or re-export Wellsphere Widgets in violation of applicable U.S. laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense Wellsphere Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Wellsphere's prior, express, written permission; (f) use Wellsphere Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions; and (g) use Wellsphere Widgets for any enterprise, commercial, or human safety purposes which Wellsphere Widgets were not designed. Any Wellsphere Widget's failure in such cases could lead to injury or damage for which you agree that Wellsphere is not responsible.

Ownership and Reservation of Rights

Wellsphere Widgets, and any content or services provided by accessing them, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms and Conditions.

Support Updates

Wellsphere may not offer any technical or maintenance support for Wellsphere Widgets. Wellsphere may offer upgrades or updates to Wellsphere Widgets in its sole discretion. Wellsphere may change, suspend, or discontinue any aspect of Wellsphere Widgets at any time without notice to you. Wellsphere may also impose limits on certain features and services or restrict your access to parts or all of Wellsphere Widgets, related content and services without notice or liability.

Fees and Payments

Wellsphere reserves the right to charge fees for future use of or access to Wellsphere Widgets or Wellsphere content and services at Wellsphere's sole discretion.

Third Party Software, Hardware, and Services

You agree that you are responsible for all third party software, hardware, and services used in connection with Wellsphere Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with Wellsphere Widgets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.

Disclaimer of Warranties

Use of Wellsphere Widgets and any Data, Content or Services accessed through them (e.g. New, or other information or services that are part of the Wellsphere Network) is at your sole risk and these offerings are provided "AS IS."
Any Material or Service downloaded, accessed or otherwise obtained through your use of a Wellsphere Widget is at your own discretion and risk, and you will be solely responsible for any results from the download or use of any material, information or service.
Wellsphere and its licensors expressly disclaim all warranties of any kind, whether express or implied, relating to Wellsphere Widgets, Data, Content, or Services accessed from, or the accuracy, timeliness, completeness, or adequacy of Wellsphere Widgets and any Data, Content, or Services accessed from them including the implied warranties of title, merchantability, satisfactory, quality, fitness for a particular purpose, and non-infringement.
If Wellsphere Widgets or any Data, Content, or Services accessed on the Wellsphere Network proves defective or unsuitable in any way, you (and not Wellsphere or its licensors) assume the entire cost of repair or injury of any kind, even if Wellsphere or its licensors have been advised of the possibility of a defect or damages as may be allowed by specific legal jurisdictions.

Indemnification

You agree to indemnify and hold Wellsphere and its licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your download, access, and/or use of Wellsphere Widgets, including any content or services provided therein, your violation of any term or condition of these Terms and Conditions, your violation of applicable laws or any rights of another person or entity.

Limitation of Liability

Wellsphere and its licensors are not liable to you for any and all direct, incidental, special, indirect or consequential damages arising out of or related to Wellsphere Widgets, Data, Content or Services contained within the Wellsphere Network, or from your inability to use or access the Widgets and associated Data, Content or Services, whether the damage claims are brought under any theory of law or equity. Damages excluded by this paragraph include but are not limited to, those for loss of business, business profits, injury to person or property, business interruption, and loss of business or personal information. Some jurisdictions may not allow limitation of incidental or consequential damages so this restriction may not apply to you.

Termination

These Terms and Conditions continue until terminated by either party. You may terminate these Terms and Conditions by discontinuing use of all Wellsphere Widgets and by destroying all your copies thereof. These Terms and Conditions terminate automatically if you violate any term hereof, Wellsphere publicly posts a written notice of termination on Wellsphere's web site, or Wellsphere sends a written (including email or text message) notice of termination to you directly.

Entire Agreement

These Terms and Conditions and the Wellsphere Terms of Use and Privacy Policy constitute the entire agreement between you and Wellsphere and governs your use of Wellsphere Widgets, superseding any prior agreements between you and Wellsphere with respect to Wellsphere Widgets, Content or Services.

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