TERMS AND CONDITIONS FOR USE OF THIS SITE
PLEASE READ THIS PAGE CAREFULLY. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
FOR YOUR CONVENIENCE, CHANGES TO THE TERMS AND CONDITIONS GENERALLY WILL BE NOTED IN THE "CHANGES" SECTION FOR ONE MONTH AFTER A CHANGE BECOMES EFFECTIVE. ANY CHANGE WILL BE EFFECTIVE IMMEDIATELY, HOWEVER, AND NEED NOT BE NOTED IN THE "CHANGES" SECTION TO BE BINDING.
Modifications to Policy:
The Wellness Council of America is committed to respecting your privacy concern with the information you have entrusted us with. We give users choice and consent over how their personal information is used, and remove names immediately upon request.
Our website and email may use "cookies" and similar means to gather information. A cookie is a small text file that is placed on your hard disk by a Web page server if permitted by your browser settings. Cookies are uniquely assigned to you. Cookies are also used to recognize consumers' preferences, store session information (such as items that consumers add to their shopping cart), and past activity at our Site in order to provide better service, easier access when you return to our Site, and to enable the delivery of offers that may be of interest to you. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site or other websites you visit.
We maintain physical, electronic, and procedural safeguards that meet or exceed industry standards to guard your nonpublic personal information. We protect your account information by placing it on the secure portion of our Site, using firewalls and other security technology to protect our network and systems from external attacks, and requiring you to enter a unique user name and password to access your account information online. Also, our servers have been enabled with Secure Sockets Layer (SSL) technology to prevent unauthorized parties from viewing the nonpublic personal information that you provide or access during a secure session (look for the padlock icon on your browser). In addition, we employ Authorize. Net's digital certificate services to authenticate that you are transacting with our Web site.
We will immediately unsubscribe anyone who requests that their name be removed from our email lists. To be removed follow the instructions at the bottom of any email from us, or send an email to email@example.com with the words "Unsubscribe" in the subject line.
Health Information Alerts and Product Updates:
From time to time, we may also send to you news bulletins or product alerts on products or services from the Wellness Council of America or WELCOA's Premier Providers. If you do not wish to receive these news bulletins and other information, please type "Unsubscribe" in the subject field of an email message and send it to: firstname.lastname@example.org.
We permit selected organizations to advertise in our email publications. Furthermore, we may, from time to time share your information with other select organizations.
Copyrights and Trademarks
This site as a whole is copyrighted as a collective work, and individual works appearing on or accessible through this site are likewise subject to copyright protection. You agree to honor the copyrights in this site (including the selection, coordination and arrangement of the contents of this site) and in the works available on or through this site. You may download and maintain single copies of designated materials for your personal use only.
In addition, trademarks and tradedress belonging to us or to others appear on or are accessible through this site. The fact that we have permitted you access to this site does not constitute authorization to reproduce our trademarks or tradedress for those and any other purpose.
By submitting any material to us, such as by posting a comment to a discussion group, or by sending to us an email, you are thereby granting to us a non-exclusive license to reproduce, display, distribute, modify and create derivative works from such material and to use such material and the fact of your authorship of it for marketing purposes.
Disclaimers and Limitations of Warranties:
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information, analytical tools and data provided at this site are useful, accurate, and current, we cannot guarantee that the information, tools and data provided here will be error-free. This site and the information available through it do not, and are not intended to constitute legal, medical, or other professional advice. Worksite health promotion often involves complex decisions requiring the services of competent, licensed professionals; we urge you to obtain such services before making decisions with legal, medical, and other professional implications. By using this site, you assume all responsibility for and risk of health-related injury or direct incidental, indirect consequential, or special damages of any kind arising from your use of and reliance upon the contents of this site.
References and links to products and services belonging to third parties are provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or added to this site by third parties, such as comments posted in discussion groups, are strictly the responsibility of the third party who added such materials or made them accessible. While we reserve the right to monitor third-party discussions and to remove materials that we believe are inappropriate, we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
Intellectual Property Rights:
WELCOA maintains this site (the "Site") for your information, education and convenience in ordering WELCOA products and services. You may only download material displayed on the Site for legitimate, authorized purposes and must retain all copyright, trademark and other proprietary notices contained in the material. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site for public or commercial purposes including the text, images, audio and/or video without WELCOA's prior written permission.
The trademarks, tradenames, logos and service marks (the "Trademarks") displayed on the Site, unless otherwise specified, are either the registered and unregistered trademarks of WELCOA or used under license or permission of the owner. Nothing contained in the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Site without the written permission of WELCOA or any third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited.
Everything you see or read on the Site about WELCOA products or services is copyrighted by WELCOA. Images of people or places displayed in this Site are either the property of WELCOA or licensed for WELCOA's use. The use of these images by you, or anyone authorized by you, is prohibited unless you secure the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity.
Top 100 Company Designation & Awards:
By applying for a Top 100 Active Company award, your company is agreeing to release your information publicly. WELCOA, at its sole discretion, may choose to disseminate and publish exemplary program plans, vision statements, competition outcomes, employee testimonials, and similar documents so others may learn from your example.
Protection of Children:
The Site is a general audience web site that is not specifically designed or targeted at children. We do not knowingly collect, use or disseminate any personally identifiable information from children under the age of 13. If, however, we become aware that personally identifiable information regarding a child under the age of 13 has been collected at the Site, without a parent's or guardian's permission, we will use such information for the sole purpose of contacting a parent or guardian of the child to obtain verifiable parental consent. If we cannot obtain consent after a reasonable period of time, or if when contacted a parent or guardian requests that we do not use or maintain such information, we will make reasonable efforts to delete it from our records.
While WELCOA uses reasonable efforts to include accurate and up-to-date information on the Site, WELCOA makes no warranties or representations as to its accuracy nor does WELCOA assume any liability or responsibility for any errors in the content of the Site.
Termination of Site and Site Access:
We reserve the right to change the contents of this site or to discontinue it at any time, as well as the right to deny access to the site to any person whom we have reasonable grounds to believe may be using the site for an unlawful or unauthorized purpose or in a manner that may harm us.
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY INFORMATION CONTAINED ON, ACCESSIBLE THROUGH OR DERIVED BY YOU FROM THIS SITE AND WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THIS SITE. WE LIKEWISE DISCLAIM ANY AND ALL LIABILITY TO YOU ARISING OUT OF INTERRUPTION OR DAMAGE TO YOUR COMPUTER SYSTEM OR SOFTWARE AS THE RESULT OF ACCESSING OR OTHERWISE USING THIS SITE. WE NEITHER WARRANT NOR REPRESENT THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THIS SITE WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT OR OUTCOME, LEGAL, MEDICAL, PHYSICAL, ECONOMIC, EDUCATIONAL, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING HEALTH-RELATED INJURY OF ANY KIND, LOST REVENUES, LOST PROFITS, OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS SITE. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS AND DISCLAIMERS IS INEFFECTIVE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU SHALL BE THE TOTAL OF THE FEES THAT YOU HAVE PAID TO US IN CONNECTION WITH YOUR ACCESS TO THIS SITE AND/OR FOR PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM US THROUGH THIS SITE.
1. Scope of Agreement.
If the user does not agree to the terms of this agreement, user should not click on "Join WELCOA" and should not access, view, download or otherwise use any WELCOA webpage, information or services. By joining the site user acknowledges that he or she has read and understands the terms and conditions of this agreement and agrees to be bound by all of its provisions.
2. User Obligations.
a. Applicable laws and this Agreement. User must comply with all applicable laws and the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained herein.
b. License and warranty for User's submissions to WELCOA. User may request its deletion at any time, unless User has shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, User grants to WELCOA a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information User provides, directly or indirectly to WELCOA, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, User submits to WELCOA, without any further consent, notice and/or compensation to User or to any third parties. Any information User submits to WELCOA is at User's own risk of loss as noted elsewhere in this Agreement.
By providing information to WELCOA, User represents and warrants that User is entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is User's responsibility to keep his or her WELCOA profile information accurate and updated.
c. Criteria for users. To be eligible to use the Service, User must meet the following criteria and represent and warrant that he or she: (1) is 19 years of age or older; (2) is not currently restricted from the Services, or not otherwise prohibited from having a WELCOA account, (3) is not a competitor of WELCOA or is not using the Services for reasons that are in competition with WELCOA; (4) will only maintain one WELCOA account at any given time; (5) has full power and authority to enter into this Agreement and doing so will not violate any other agreement to which User is a party; (6) will not violate any rights of WELCOA, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at User's cost all equipment, software, and internet access necessary to use the Services.
d. Profile Security. User agrees to: (1) Keep User's password secure and confidential; (2) not permit others to use User's account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring User's WELCOA account to another party; and (5) refrain from charging anyone for access to any portion of WELCOA, or any information therein. Further, User is responsible for anything that happens through User's account until he or she closes down User's account or proves that User's account security was compromised due to no fault of User.
e. Indemnification. User indemnifies WELCOA and agrees to hold it harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) User's failure to comply with this Agreement, including, without limitation, User's submission of content that violates third party rights or applicable laws, (2) any content User submits to the Site, and (3) any activity in which User engages on or through WELCOA.
f. Notification of Intent to Breach. If User believes that he or she is entitled or obligated to act contrary to this Agreement under any mandatory law, User agrees to provide WELCOA with detailed and substantiated explanation of User's reasons in writing at least 30 days before User acts contrary to this Agreement, to allow WELCOA to assess whether it may, at its sole discretion, provide an alternative remedy for the situation, though WELCOA is under no obligation to do so.
g. Notifications and Service Messages. For purposes of service messages and notices about the Services to User, notice shall consist of an email from WELCOA to an email address associated with User's account, even if WELCOA has other contact information. User also agrees that WELCOA may communicate with User through User's WELCOA account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about User's WELCOA account or services associated with WELCOA. User acknowledges and agrees that WELCOA shall have no liability associated with or arising from User's failure to do so maintain accurate contact or other information, including, but not limited to, User's failure to receive critical information about the Service.
h. Communications between Users. WELCOA offers Users the opportunity to post information and comments, and share that information with other users. Comments posted and information shared by the User may be seen and used by other Users, and WELCOA cannot guarantee that other Users will not use or how they would use the ideas and information that User shares on WELCOA. Therefore, if User has an idea or information that User would like to keep confidential and/or does not want others to use, or that is subject to third party rights that may be infringed by User's sharing it, User should not post it on WELCOA. WELCOA IS NOT RESPONSIBLE FOR ANY USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT, USER INFORMATION, OR USER POSTS ON WELCOA.
3. User's Privileges.
Provided User meets all of User's Obligations, User is granted a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of WELCOA), view information and use the Services that are provided on WELCOA webpages in accordance with this Agreement. WELCOA reserves all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in WELCOA and all related items.
4. WELCOA's Privileges and Obligations.
a. Availability. For as long as WELCOA continues to offer the Services, WELCOA shall provide and seek to update, improve and expand the Services. As a result, WELCOA will allow User to access the Site as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. WELCOA may modify, replace, refuse access to, suspend or discontinue the Site, partially or entirely, or change and modify prices for all or part of the Services in its sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to Users unless otherwise noted. WELCOA further reserves the right to withhold, remove and or discard any content available as part of Users account, with or without notice if deemed by WELCOA to be contrary to this Agreement. WELCOA has no obligation to store, maintain or provide User a copy of any content that User or other Users provide when using the Services.
b. Disclosure of User Information. User acknowledges, consents and agrees that WELCOA may access, preserve, and disclose User's registration and any other information User provides if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary, in WELCOA's opinion, to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of WELCOA, our Users or the public.
c. Connections and Interactions with other Users. User is solely responsible for User's interactions with other Users. WELCOA may limit the number of connections User may have to other Users and may, in certain circumstances, prohibit User from contacting other Users through use of the Services or otherwise limit User's use of the Services. WELCOA reserves the right, but has no obligation, to monitor disputes between User and other members and to restrict, suspend, or close User's account if WELCOA determines, in its sole discretion, that doing so is necessary to enforce this Agreement.
5. Disclaimers of Implied Warranties.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WELCOA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF USER IS DISSATISFIED OR HARMED BY WELCOA OR ANYTHING RELATED TO WELCOA, USER MAY CLOSE HIS OR HER WELCOA ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF AND SUCH TERMINATION SHALL BE USER'S SOLE AND EXCLUSIVE REMEDY. USER AGREES THAT HE OR SHE WILL NOT RELY ON WELCOA, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WELCOA PROVIDES THE PLATFORM FOR WELCOA AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WELCOA DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
WELCOA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH WELCOA TO ANYONE. IN ADDITION, WELCOA NEITHER WARRANTS NOR REPRESENTS THAT USER'S USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO WELCOA. WELCOA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WELCOA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF USER'S IDENTITY OR INFORMATION.
WELCOA DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WELCOA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WELCOA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WELCOA SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6. Limitation of Liability. Neither WELCOA nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("WELCOA Affiliates") shall be liable for (a) any damages in excess of two times the most recent monthly fee that User paid for a Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to User or any third person arising from User's use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from WELCOA. This limitation of liability shall:
a. Apply regardless of whether (1) User bases his or her claim on contract, tort, statute or any other legal theory, (2) WELCOA knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
b. Not apply to any damage that WELCOA may cause User intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
c. Not apply if User has entered into a separate agreement to purchase Services with a separate Limitation of Liability provision that supersedes this section in relation to those Services.
a. Mutual right to terminate. User may terminate this Agreement, for any or no reason, at any time, with written notice to WELCOA. This notice will be effective upon WELCOA processing User's notice. WELCOA may terminate the Agreement for any reason or no reason, at any time, with written notice or without written notice. This cancellation shall be effective immediately or as may be specified in a written notice. Termination of User's WELCOA account includes disabling User's access to WELCOA and may also bar User from any future use of WELCOA.
b. Misuse of the Services. WELCOA may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes, but is not limited to, abusing the WELCOA messaging services; creating multiple or false profiles; using the Services commercially without WELCOA's authorization; infringing any intellectual property rights, or any other behavior that WELCOA, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, WELCOA has adopted a policy of terminating accounts of Users who, in WELCOA's sole discretion, are deemed to be repeat infringers under the United States Copyright Act or Trademark Act.
c. Effect of Termination. Upon the termination of User's WELCOA account, User will lose access to the Services. In addition, WELCOA may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except those provisions granting User Privileges and those imposing Obligations on WELCOA.
8. Applicable Law and Arbitration.
a. Choice of Law. Any disputes with WELCOA arising out of or relating to the Agreement ("Disputes") shall be governed by Nebraska or, where applicable, federal law regardless of User's country of origin or where User accesses WELCOA, and notwithstanding of any conflicts of law principles.
b. Agreement to Arbitrate and Pay Attorneys' Fees. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Omaha, Nebraska in English, with a written decision stating the legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses.
c. Exception from Arbitration Agreement. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction in Douglas County, Nebraska or, if applicable, US District Court for the district of Nebraska.
9. Miscellaneous Terms
a. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
b. Notices and Service of Process. In addition to Section 2.g. ("Notifications and Service Messages"), WELCOA may notify Users via postings on www.WELCOA.org User may notify WELCOA via mail or courier at:
ATTN: Ryan Picarella, President
17002 Marcy Street, Suite 140
Omaha, NE 68118 USA
WELCOA accepts service of process at this address. Any notices that do not comply with this section shall have no legal effect.
c. Entire Agreement. User agrees that this Agreement constitutes the entire, complete and exclusive agreement between User and WELCOA regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
d. Amendments to this Agreement. WELCOA reserves the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.WELCOA.org or notifying User otherwise. If User does not want to agree to changes to the Agreement, User can terminate the Agreement at any time in accordance with the terms hereof.
e. No informal waivers, agreements or representations. WELCOA's failure to act with respect to a breach of this Agreement by User or others does not waive WELCOA's right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any WELCOA Affiliate shall be deemed legally binding on any WELCOA Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of WELCOA.
f. No Injunctive Relief. In no event shall User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
g. Beneficiaries. Affiliates of WELCOA are not parties, but are intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against User.
h. Assignment and Delegation. User may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. WELCOA may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to User. WELCOA may also substitute, by way of unilateral novation, effective upon notice to User, WELCOA Corporation for any third party that assumes our rights and obligations under this Agreement.
10. WELCOA User Rules.
As a condition to access WELCOA, User agrees to this Agreement and to strictly observe the following User Rules:
a. User will do the following:
i. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
ii. Provide accurate information to WELCOA and update it as necessary;
iv. Review and comply with notices sent by WELCOA concerning the Services; and
v. Use the Services in a professional manner.
b. User will not do the following:
i. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to WELCOA;
ii. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on WELCOA (excluding content posted by User) except as permitted in this Agreement, or as expressly authorized by WELCOA;
iii. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
iv. Include information in User's profile or elsewhere, except in designated fields, that reveals User's identity or sensitive personal information such as an email address, phone number or address that is confidential in nature;
v. Create a user profile for anyone other than a natural person;
vi. Utilize information, content or any data User views on and/ or obtain from WELCOA to provide any service that is competitive, in WELCOA's sole discretion, with WELCOA;
vii. Imply or state, directly or indirectly, that User is affiliated with or endorsed by WELCOA unless User has entered into a written agreement with WELCOA;
viii. Adapt, modify or create derivative works based on WELCOA or technology underlying the Services, or other Users' content, in whole or part, except as expressly permitted;
ix. Rent, lease, loan, trade, sell/re-sell access to WELCOA or any information therein, or the equivalent, in whole or part;
x. Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through WELCOA-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
xi. Access, via automated or manual means or processes, WELCOA for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
xii. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of WELCOA's website;
xiii. Attempt to or actually access WELCOA by any means other than through the interfaces provided by WELCOA;
xiv. Attempt to or actually override any security component included in or underlying the Site;
xv. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or WELCOA personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
xvi. Remove any copyright, trademark or other proprietary rights notices contained in or on WELCOA, including those of both WELCOA and any of its licensors;
xvii. Remove, cover or otherwise obscure any form of advertisement included on WELCOA;
xviii. Harass, abuse or harm another person, including sending unwelcomed communications to others using WELCOA;
xix. Collect, use or transfer any information, including but not limited to personally identifiable information obtained from WELCOA except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
xx. Share information of non-Users without their express consent;
xxi. Interfere with or disrupt WELCOA, including but not limited to any servers or networks connected to WELCOA;
xxii. Use or attempt to use another's account without authorization from the Company, or create a false identity on WELCOA;
xxiii. Infringe or use WELCOA's copyrights, brand, logos and/or trademarks, including, without limitation, using the word "WELCOA" in any business name, email, or URL or including WELCOA's trademarks and logos except as expressly permitted by WELCOA;
xxiv. Upload, post, email, transmit or otherwise make available or initiate any content that:
1. Falsely states, impersonates or otherwise misrepresents User's identity, including but not limited to the use of a pseudonym, or misrepresenting User's current or previous positions and qualifications, or User's affiliations with a person or entity, past or present;
2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
3. Adds to a content field information that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by WELCOA);
4. Includes information that User does not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Infringes upon patents, trademarks tradenames, trade secrets, copyrights or other proprietary rights;
6. Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (a) using WELCOA invitations to send messages to people who don't know the User or who are unlikely to recognize the User as a known contact; (b) using WELCOA to connect to people who don't know the User and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists;
7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of WELCOA or any User of WELCOA;
8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
xxv. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.