- on March 8, 2010
Please read this Agreement in its entirety. WellCommons.com encourages an open exchange of information and ideas and believes it is absolutely possible for people with varied of points of view to discuss issues in a civil manner. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE. WellCommons.com MAY TERMINATE YOUR ACCESS THE WEBSITE AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE TO YOU.
Except as otherwise provided in this Agreement, all materials displayed on the Web site, including but not limited to text, photographs, images, illustrations, data, graphics or other content (“Materials”) are owned by WellCommons.com or its licensors or other affiliates, and are protected by copyright, trademark and other laws. When you view or use these Materials, they are provided to you by WellCommons.com under a revocable license. WellCommons.com retains full right and title in and to the Materials. You may not copy, publish, redistribute or sell any of the Materials, nor may you reverse engineer, disassemble or otherwise convert such Materials to any other form. You acquire no rights or license whatsoever in the Materials.
Access and Use of the Website
To gain access to any non-public areas of the Web site and/or to use certain social networking tools available on the Web site, you must register for an account (“Account”) and obtain a user name (“User Name”). You agree to register only a single User Name in connection with the Web site.
Once WellCommons.com has issued a User Name for your Account, you may, to the extent allowed on the Web site, set up a member profile (“Profile”). User Names and Profiles may not contain inappropriate or obscene words, phrases, or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. WellCommons.com is the sole judge of whether a User Name or Profile information is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to obscene, defamatory, racial or profane words, phrases or combinations of characters. Your User Name and Profile may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any third party with which you are not, in fact, affiliated. Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable) and the address and phone number where you can be reached, if requested. Failure to provide this information or providing false information will result in termination of your Account and right to access the non-public areas of the Web site.
You must use a password in conjunction with your User Name to access the non-public areas of the Web site, including your Account, and to use certain social networking tools available on the Website. You may select the password yourself. You must provide accurate identification to retrieve a password you have forgotten. WellCommons.com will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password.
Sharing Content and Information on the Web site
You hereby grant to WellCommons.com an irrevocable license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, comments, blog posts, suggestions, ideas or other information that you communicate through or on the Web site (“User Generated Content”). WellCommons.com and its designees will be free to copy, publish, disclose, distribute, incorporate and otherwise use your User Generated Content for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the User Generated Content. If you delete your User Generated Content, you understand that it may still exist in backup copies. When you publish User Generated Content on the Web site, you understand that such User Generated Content may be publicly available on the Internet and that WellCommons.com has no responsibility for or control over any use or further dissemination thereof.
For all User Generated Content that you supply, you represent and warrant that: (i) you have all rights necessary to distribute and publish such User Generated Content; (ii) that if your employer has rights to intellectual property you create, that you have either (a) received permission from your employer to post or make available the content, or (b) secured from your employer a waiver as to all rights in or to the content; (iii) you have fully complied with any third-party licenses relating to the content; (iv) that it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) that it is not and does not contain spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and (vi) that it is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. You agree to defend, indemnify and hold harmless WellCommons.com from any liability that it may incur as a result of your User Generated Content.
Any user who believes that any User Generated Content is in violation of this Agreement is encouraged to click the "Suggest Removal" for the relevant post or posts. WellCommons.com has the ability to remove objectionable User Generated Content and will make reasonable efforts to do so.
No Assignment or Resale of Ad Space.
Advertisers and businesses with Group pages or other advertising may not resell, assign or transfer any of its rights hereunder. The listing of offers or promotions from companies or individuals other than the business or organization with the primary relationship with WellCommons will be considered a breach of this restriction. In the event of any attempt to resell, assign or transfer any of such rights, WellCommons Forum for Community Health Solutions may immediately terminate this Agreement, without liability to WellCommons Forum for Community Health Solutions. In such an event, Advertiser will not be paid a refund of any amounts paid hereunder.
Other than as expressly allowed herein, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer, or sell any information, User Generated Content (other than User Generated Content supplied by you) or Materials obtained from the Web site. Provided that you do not modify or delete any copyright or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the Materials and User Generated Content contained on the web site, but only for your own noncommercial use. Any other use is strictly prohibited.
Except for your own User Generated Content, you acknowledge that all intellectual property rights and other legal means of ownership in the Materials and User Generated Content residing on the Web site remain with WellCommons.com, its licensors, affiliates, other Web site users and third party developers. The trademarks, logos, and service marks displayed on the Web site, including but not limited to the marks “WellCommons.com” and “The World Company” (collectively, “Marks”), are owed by WellCommons.com or its affiliates. Nothing contained on the Web site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web site without the express written permission of WellCommons.com. The misuse of Marks displayed on the web site, or any other content on the web site, is strictly prohibited.
Although WellCommons.com may from time to time monitor or review any User Generated Content, WellCommons.com is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User Generated Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User Generated Content. WellCommons.com does, however, reserve the right to remove any User Generated Content if a user brings to WellCommons.com’s attention the possibility that such User Generated Content may result in WellCommons.com’s liability, is an infringement of the rights of a third party, or is offensive to any third party. In addition, WellCommons.com reserves the right to suspend or terminate any Account, including your Account, if WellCommons.com learns that the person responsible for the Account has engaged in more than one act of infringement in connection with the Web site. You can report violations here.
Email and SMS Alerts
From time to time, WellCommons.com may make available to Web site users different email and short messaging service (“SMS”) alerts (“Alerts”). WellCommons.com makes no warranty about the accuracy or completeness of Alerts and users should treat Alerts only as a secondary source of information in any severe weather or similar situation.
Really Simple Syndication (“RSS”) Feeds
By accessing WellCommons.com’s RSS feeds, you also agree to the following additional terms and conditions. If you do not agree to all of the following terms and conditions, do not access WellCommons.com’s RSS feeds.
The RSS feeds are provided solely for the purpose of allowing users to view headlines from the Web site within news readers, blogs and the like for their personal, noncommercial use. Any other use of the RSS feeds is strictly prohibited. WellCommons.com reserves the right to terminate your access to the RSS feeds, cease its distribution of any or all of the RSS feeds and/or change RSS feed content and formatting at any time, in its sole discretion, and without notice to you.
WellCommons.com retains all rights in the RSS feeds, including all rights under copyright. You may not edit or modify the text, content, or links supplied in the RSS feeds. You may not display the RSS feeds in any manner that does not permit direct linking to, redirection to or delivery of the applicable Web site page. You may not frame or otherwise control the browser window, if any, in which the Web site page opens, nor may you insert any links, jump pages or other intermediate pages between the RSS link and the applicable Web site page. You may not add any content, including any advertisements or other promotional content, to the RSS feeds.
The Web site’s Marketplace provides information about local businesses, vendors, products and services. You may not copy or otherwise use any information on Marketplace for any purpose other than your personal, non-commercial use.
WellCommons.com operates certain Web sites that allow users to upload an avatar image to their Profile. The user must hold the copyright or have the express permission of the copyright holder to use the relevant avatar image. Avatar images must not contain any graphic images and or otherwise be objectionable. If the avatar image does not meet those standards or is otherwise a violation of copyright or any term of this Agreement, as determined solely by WellCommons.com, WellCommons.com may remove such avatar image without notice to the user. Further, if a user wishes to upload a new avatar image after such an image has been removed, the user must contact WellCommons.com and request that avatar privileges be restored. For more information, visit our banned accounts information page here.
DISCLAIMER OF WARRANTIES AND LIABILITY WellCommons.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY USER GENERATED CONTENT, ALERTS, RSS FEEDS, PRODUCTS OR SERVICES OF WellCommons.com OR ITS VENDORS, AFFILIATES, LICENSORS OR USERS. THE WEB SITE AND THE MATERIALS, USER GENERATED CONTENT, ALERTS, RSS FEEDS, INFORMATION, SERVICES AND PRODUCTS ON THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, GRAPHICS AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WellCommons.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WellCommons.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WellCommons.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS, USER GENERATED CONTENT, ALERTS, RSS FEEDS ON THE WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT WellCommons.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WellCommons.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WellCommons.com 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 WEBSITE AND ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, USER GENERATED CONTENT, ALERTS OR RSS FEEDS AVAILABLE FROM THE WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless WellCommons.com, 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 any violation of this Agreement, your User Generated Content or any activity related to your Account or your use of the web ite (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the web site using your Account.
Links to Other Sites
The web site may provide access to other websites. WellCommons.com does not control any such web sites, and you access them solely at your own risk. WellCommons.com also does not endorse or approve any products or information offered at sites you reach through the web site. Check the Uniform Resource Locator (URL) address provided in your Internet browser to determine if you are still in the WellCommons.com web site or have moved to another web site.
WellCommons.com controls and operates the Web site from its headquarters in Kansas. WellCommons.com does not warrant that the Web site is appropriate for use outside of the United States. You may not export the Materials or services on the web site in violation of U.S. export laws. Any claim relating to the Web site shall be governed by the substantive laws of the State of Kansas, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Johnson County, Kansas or the United States District Court for the District of Kansas located in Kansas City, Kansas.
By providing Materials on the Web site, WellCommons.com does not promise that the Materials will remain available to you. WellCommons.com is entitled to terminate all or any portion of the Website at any time, without notice to you. WellCommons.com also reserves the right to change the terms under which the Web site is offered, and your use of the Web site following any such changes shall be deemed to constitute your consent to this Agreement and its modifications.
Privacy and Use of Your Information
Any communication or material you transmit to the Web site by electronic mail or otherwise, including any User Generated Content, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post on the Web site may be used by WellCommons.com or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication and posting. Furthermore, WellCommons.com is free to use any ideas, concepts or techniques contained in any communication you send to the Web site for any purpose whatsoever.
WellCommons.com makes commercially reasonable efforts to safeguard individual Web site users’ personal information. Nevertheless, WellCommons.com cannot ensure that these measures will provide perfect security. WellCommons.com will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your information.
You will not use the Web site in any manner, or in connection with any User Generated Content provided by or on behalf of you or any person accessing a Web site under your authority, that (1) infringes or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
Your use of the Web site constitutes your agreement to respect other users’ privacy. You may not, under any circumstances, release personal information of others to third parties, including to your employees, without the written consent of both WellCommons.com and the person or persons whose personal information you intend to share. You may not, under any circumstances, use personal information obtained from the Web site to send unsolicited email, facsimile transmissions, chain letters, spam or any other communication or messages, even if the recipient has communicated with you in the past. You agree to immediately notify WellCommons.com of any release or breach of any third party’s personal information (including name, address, phone numbers, email addresses, account numbers or social security number) that occurs as a result of use of a Website under your Account.
You may not do anything to interfere or attempt to interfere with any function of the Web site. You may not take any action that overloads, places an unreasonable burden on or otherwise diminishes the functionality or responsiveness of the Web site, which WellCommons.com shall solely determine. Any attempt to alter information posted on a Web site or to interfere with the Website will result in immediate termination of your right to access the Web site and may also render you liable for civil and/or criminal penalties.
WellCommons.com gathers identifying information about Web site users (“Information”) only when a user provides that information on a voluntary basis such as by registering for or using an Account, Alerts, RSS feeds, by posting User Generated Content, by using social networking tools and the like. WellCommons.com does not sell, rent or lease user information to third parties. WellCommons.com occasionally may share Information with its affiliates and related companies. If you choose to use social networking tools available on the Web site, your favorites or other profile information may be shared with other Web site users who also use those social networking tools.
WellCommons.com periodically collects and analyzes log files, including IP addresses, from its servers. These files give a general picture of who is visiting the Web site and which pages are being viewed most often. This information is collected to assist WellCommons.com in the maintenance and administration of the Web site. WellCommons.com may share log file information with advertisers, but will refer only to general, aggregate usage data, not user specific identifying information.
The Web site will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on WellCommons.com or the Web site; (b) protect and defend the rights or property of WellCommons.com; or (c) act under exigent circumstances to protect the personal safety of users of the Web site, or the public. Except as noted above, WellCommons.com does not share any of the personal information you provide to us with any third party other than our service providers who assist us in providing information and/or services to you.
WellCommons also uses “cookie” technology that allows its servers to deposit code on a user’s computer. This information helps determine the number of visitors to the Website on an ongoing basis and the types of Internet browsers and operating systems used by the Website’s users. This information is used to enhance your Web site experience. Cookies may also be used as part of our Online Behavioral Advertising program, and/or as part of multi-site advertising. Cookies and other similar forms of Internet activity trafficking are used to select the advertisements that are displayed to you, so that you see advertising that is most relevant to you. We also may use the cookies to track what you do on our Web site, including gathering click stream information, your browser type, the time and date of your visit, the subject of advertisements clicked on or scrolled over. Any data collected as part of our OBA program will only be used in a way that cannot be identified with you personally. Should you wish to opt-out of our OBA program, you may do so at this website.
WellCommons.com offers to Web site users social networking tools that may include “befriending” other users, updating Profile information, posting comments on other users' Profiles and identifying Web site content or User Generated Content as something of interest to a particular user. When a user takes advantage of the social networking tools, the user agrees to share personal information with other users. WellCommons.com provides privacy tools within its social networking framework to enable users to control the types of this personal information that is shared with other users. If you post User Generated Content to the Web site that includes your User Name, email address or any other personally identifying information, you understand that that information can be read by any third party and may result in unsolicited messages from other posters or third parties.
Process to Remove Your Personal Information
Most of WellCommons.com’s services include information on how to remove your information, and/or and cancel a particular WellCommons.com service. We do not generally delete or remove accounts. Alternatively, you may send an email to webmaster@WellCommons.com to request the services and information you would like removed. Your request should include the specific reasons why WellCommons.com should remove identified content. WellCommons.com reserves the right to decline requests for removal of information based on maintaining the historical and archival nature of the Web site.