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.
This Privacy Policy is effective as of April 30, 2009. WELCOA reserves the right to change this Privacy Policy or implement new technology at any time. Any changes to this Agreement will be effective immediately upon posting the latest version on our Site. Your use of the Site will be deemed acceptance of such changes. Be sure to review this Privacy Policy periodically to ensure familiarity with its most current version.
Member Rights:
Becoming a WELCOA Member means access is granted to WELCOA sites for a 12 month term from the date you start your membership. Access to WELCOA sites and content is reserved for WELCOA Members. Membership to WELCOA is always granted single person. Membership is nontransferable and cannot be shared. Memberships are not refundable. WELCOA reserves the right to refuse or revoke membership and/or deny access without refund for inappropriate conduct. Any WELCOA Certifications and Faculty Designations earned are good with an active membership to WELCOA.
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 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 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 and other professional implications. By using this site, you assume all responsibility for and risk 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 supplies. 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 WELCO’s prior written permission.
The trademarks, 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 is copyrighted by WELCOA. Images of people or places displayed in this Site are either the property of WELCOA or licensed for WELCO’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.
Accuracy:
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.
The Processor:
The Processor is Stripe, Inc., organized under the laws of California, which is a technical services provider and may offer the services as an agent of one or more financial institutions in United States (each, a “Financial Services Provider”). The processing and settlement of Transactions (as defined below) (“Subscription Processing”). By accepting this Agreement, you are also accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor.
The Processor’s role is to accept and process credit card, debit card and other types of Payments (collectively “Cards”) with respect to sales of WELCOA products and services through internet-based transactions (“Card Not Present Transactions” or “CNP Transactions”). If applicable, POS Equipment permits transmission of data to the Processor from in-person, point-of-sale transactions (“Card Present Transactions” or “CP Transactions”), as well as manually entered transactions (“Keyed Transactions”). CNP Transactions, CP Transactions and Keyed Transactions shall be referred to herein, collectively, as “Transactions”.
Customer Service:
WELCOA will use its commercially reasonable efforts to provide you with customer support to help resolve issues relating to the Membership. The Processor retains sole and exclusive responsibility for Processing of Transactions, including the settlement of funds, but WELCOA will provide reasonable assistance in liaising between you and the Processor concerning the Subscription Processing services. You assume sole and exclusive responsibility for providing customer service or support to your customers for any and all issues related to your products and services, including, but not limited to, issues arising from the processing of Cards through the Subscriptions Services.
Security:
We maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access, accidental loss, or modification. WELCOA cannot, however, guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes.
Automatic Reminders:
We may use automated telephone dialing, text messaging systems, and email to provide messages to you about your WELCOA Membership. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or another party. These messages may also be recorded by your answering machine or voicemail. You give us permission to call or send a text message to any telephone number that you have given us and to play pre-recorded messages or send text messages with information about this Agreement or your account over the phone. You agree that we will not be liable to you for any such calls or electronic communications even if information is communicated to an unintended recipient. You understand that when you receive such calls or electronic communications you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services. You agree that we have no liability for such charges. You agree to immediately notify us if you change telephone numbers or are otherwise no longer the subscriber or customary user of a telephone number or email address you have previously provided to us.
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, ECONOMIC, EDUCATIONAL, OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING 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.
