This mobile application is provided to you by Welby, LLC("Welby" or "we"). Access to and use of this mobile application and the services available at this mobile application are subject to the following terms and conditions as set forth in this notice. By accessing or using the mobile application or downloading materials from the mobile application, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use this mobile application. "You" or "Your" refers to the user and the user's employer or entity as well as the individual(s) using the Account Information of your organization.
1. Your Agreement. The App is owned and operated by Welby LLC and is made available to you only for informational purposes. By accessing or using this App, you are further agreeing that your use of the App is at your own risk. You should visit this page periodically to review the most current Terms and Condition.
2. Your Use of App. Unless otherwise specified, you may not modify, copy, distribute, transmit, reproduce, publish, license or sublicense, create derivative works from, transfer, or sell any information, software, text, images, or other content of any type ("App Content") obtained from the App. Welby grants to authorized Users a non-exclusive, revocable, limited license to access and use the App for informational purposes and for no other purpose. In exercising the foregoing license, you may view and download a single copy of the App Content solely for informational purposes. Any other use of App Content, without the prior written permission of Welby is prohibited. You may not sell, transfer or assign any rights, content or materials provided by Welby or provided via the App without the express written consent of Welby.
You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any of the App Content, in whole or in part, outside of the specific usage rights granted to you by Welby as described in these Terms and Conditions. You may not to use the App in any manner that interferes with Welby's normal operations or with the use and enjoyment of another user. You agree to use the App and the services only for their intended lawful purpose and in accordance with applicable laws.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept sole responsibility for all activities that occur under your account or password. The user is responsible for, and agrees to be responsible for, all use of the Account Information, including password(s) and user name(s) issued to it. You may notify Welby at email@example.com if you become aware of any unauthorized use of your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what, if any, personally identifiable information you post or transmit on the App. We may at some time utilize e-mail to communicate with users about service-related matters; by using the App, you are consenting to the receipt of these communications.
Welby reserves the right to suspend, cancel or discontinue the App or any feature provided on the App in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user.
4. Posting/Transmitting Content on/through the App. Any communication or material other than your personal information submitted to this mobile application by electronic mail is the exclusive property of Welby, LLC and is considered to be non-confidential and non-proprietary. Such communication may include without limitation questions, comments, suggestions and ideas. Welby, LLC shall be free to use them for any purpose whatsoever without restriction or compensation. You are responsible for all content that you post on or transmit through the App. You may not post or transmit any of the following: (a) copyrighted material and trademarks that are used without the express, written consent of the owner of such copyrighted material and/or trademark; (b) advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Welby' express, written consent; (c) material that, in the sole discretion of Welby, is pornographic, sexually explicit or obscene or which contains content promoting incest or bestiality; (d) content that, in the sole discretion of Welby, exploits children and/or minors or promotes pedophilia; (e) content that discloses or contains any personally identifiable information beyond a first name about any person or that includes private, confidential information; (f) content that Welby has reason to believe was posted for malicious or vindictive purposes, including libel, slander, defamation or harassment; (g) content that, in the sole discretion of Welby, may be deemed grossly offensive to users of the App, including, but not necessarily limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity; (h) content that promotes hate or may incite or threaten violence toward groups based on religion, race, ethnicity, gender, age, disability, sexual orientation or gender identity; (i) content promoting or providing instructional information about illegal or illicit activities; (j) content that transmits or contains viruses, corrupted files, etc.
5. Prohibited Conduct. The following are all prohibited: (a) framing, (b) using engines, tools, software bots and other automated devices to search the App; (c) aggregating, copying or duplicating material or information provided on the App beyond the scope permitted herein; (d) accessing or using content of others for purposes other than that intended by the content owner; and/or (e) using the App in any way to engage in misappropriation of trade secrets, tortious interference or any other tortious, illegal or improper activity.
6. Links to Other Apps. The Welby mobile application may contain links to other apps or web sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those apps or web sites. You acknowledge that such other resources or locations are not under the control of Welby and you agree that Welby shall not be responsible for any information or additional links found at such other App or location, or for your use of such information. Welby has not endorsed, tested or verified any information or programs found at such Apps.
7. Removal from App. Welby LLC reserves the right to immediately terminate your access to the App without notice or opportunity to cure if you fail to abide by these Terms and Conditions.
8. Intellectual Property Rights. You agree that Welby (or its licensor) owns any and all world-wide, registered or unregistered, intellectual property rights and interests in and to all information, content, materials and/or other materials that may reside in the App including all App Content. Distribution, transmission, modification, copying, reproducing or any other type of use of the App Content for commercial, public or private purposes is prohibited without the prior express written permission of Welby. Further, you agree that you have no right to use any trademarks, service marks or logos displayed on the App without the prior express written permission of Welby. Except as noted herein, no right or license is granted under any copyright, patent or trademark of Welby, LLC to any other party.
9. Non-Enforcement of Rights by Welby. Welby shall have no responsibility or obligation to protect or enforce any intellectual property rights that may exist in information, content, materials and/or other materials you may submit to or transmit through the App.
10. Disclaimer of Warranties. THE INFORMATION IN THIS mobile application IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WELBY, LLC SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR TECHNICAL INACCURACIES IN THIS mobile application. All content is subject to change. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Welby neither warrants nor represents that your use of any App Content will not infringe the rights of any third parties nor that the App Content will be accurate, complete, up-to-date or available for your use when desired. The information found on this mobile application is constantly being updated. Users are responsible for checking the App on a regular basis to keep up with these changes. WE DO NOT CONTROL ANY OR ALL SERVICES PROVIDED BY THIRD PARTIES TO USERS. WELBY DOES NOT PROVIDE MENTAL OR BEHAVIORAL HEALTH SERVICES. WELBY IS NOT A LICENSED MENTAL HEALTH SERVICES PROVIDER. WELBY IS A RESOURCE THAT OFFERS A PEER-TO-PEER MESSAGE BOARD AND INFORMATION TO ITS USERS REGARDING THE AVAILABILITY OF MENTAL AND BEHAVIORAL HEALTH RESOURCES AND DOES NOT INTEND TO PROVIDE MENTAL OR BEHAVIORAL HEALTH SERVICES OR ACT IN ANY WAY AS A MENTAL HEALTH SERVICES PROVIDER. ANY DECISION BY A USER TO ACCEPT MENTAL HEALTH SERVICES FROM A LISTED RESOURCE OR ADVICE FROM ANOTHER USER IS A DECISION MADE IN THAT USER’S SOLE DISCRETION.
11. Limitation of Liability. YOUR USE OF THE App IS AT YOUR OWN RISK. IN NO EVENT SHALL WELBY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WELBY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, MATERIALS, App CONTENT AND USER CONTENT AVAILABLE FROM THIS App. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WE DISCLIAM ANY LIABILITY RELATED TO THE SERVICES PROVIDED TO USERS BY OTHER USERS OR THIRD PARTIES. YOU AGREE THAT WELBY HAS NO LIABILITY AND IS NOT RESPONSIBLE FOR DAMAGES RESULTING FROM ANY INJURY SUFFERED BY YOU AS A RESULT OF THE USE OF THIS mobile application. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you, but shall be enforced to the fullest extent permitted under law. Welby shall not be liable for any viruses, Trojan horses or other damage to computer equipment, data or software arising from your use of the App.
12. Indemnification. You agree to indemnify, defend, and hold harmless Welby, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms and Conditions, (b) any activity related to your internet account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the App using your internet account or computer) and/or (c) any content you submit or transmit through the App in violation of these Terms and Conditions. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any content you post or transmit through the App.
13. Restricted Rights. The content of the App is subject to restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions imposed by applicable law. Use by the Government constitutes acknowledgement of Welby's proprietary rights therein.
14. Law and Jurisdiction. These Terms and Conditions and your use of the App are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Michigan, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms and Conditions and the App or in which these Terms and Conditions and/or the App are a material fact. You consent to personal jurisdiction in all courts in the State of Michigan for in any action disputes arising out of, relating to, or concerning these Terms and Conditions and the App or in which these Terms and Conditions and/or the App are a material fact.
15. Modification and Termination. By providing App Content, Welby does not promise that the App Content will remain available to you. By using this App, you agree to accept and abide by these Terms and Conditions. Welby may revise or modify these Terms and Conditions from time to time and post such revisions or modifications on this page. If these Terms and Conditions are revised, the revised Terms and Conditions will be posted here with the date of the most recent version posted above. Continued use of the App after any such revision or modification constitutes your acceptance of the Terms and Conditions as so revised or modified, and the revised or modified terms will completely replace any prior version of this agreement or other legal agreement regarding the same subject matter between you and Welby.
Welby may end this legal agreement with you at any time if you violate the terms of the agreement, if Welby is required to do so by law, or if Welby determines, in its sole discretion, that it is no longer commercially viable to continue offering you access to the App. Welby shall have the right to assign or transfer any rights or licenses granted by these Terms and Conditions. Upon termination of this agreement, Sections 8-12 and 14 of this agreement shall survive, as well as any other provision necessary to preserve the intent of the parties' agreement as herein expressed.
17. Contact Information. If you have any questions about this the practices of this mobile application or your dealings with this mobile application, you can contact te Welby team at firstname.lastname@example.org
18. Limitation to Adults. The use of this App is intended to be limited to persons who have reached the age of 18.
19. Import and Export Compliance. You may not use or otherwise export or re-export the App or App Content except in compliance with U.S. laws and the laws of any other applicable jurisdiction. You represent and agree that your use of the App and App Content will comport with all applicable law.