Electronic Communications: You are communicating with us electronically when you visit any of Wellvation's websites or send e-mails to us; and you consent to receive communications from us electronically.
Copyright: All content including but not limited to text, graphics, downloads and software included on this site is the property of Wellvation or its licensors and protected by United States and international copyright laws.
License and Restrictions: Wellvation grants you a limited license to access and make personal use of this site. Except as otherwise explicitly agreed in writing, Wellvation owned content received through this website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Wellvation licensors may be subject to additional restrictions. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Wellvation. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same organization without Wellvation's express prior written consent.
In the event you download software from any Wellvation site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or our third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Notice Specific to Software Available on This Web Site: Any software that is made available to download from the website ("Software") is the copyrighted work of Wellvation and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WELLVATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, WELLVATION MAY MAKE AVAILABLE AS PART OF THE WEBSITE OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WELLVATION DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. YOU MUST RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE WEBSITE OR IN WELLVATION SOFTWARE PRODUCTS.
No Unlawful or Prohibited Use. As a condition of your use of the websites, you will not:
Use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices;
Use the website in any manner that could damage, disable, overburden, or impair any Wellvation server, or the network(s) connected to any Wellvation server, or interfere with any other party's use and enjoyment of the website;
Attempt to gain unauthorized access to any website, other accounts, computer systems or networks connected to any Wellvation server or to any of the website through hacking, password mining or any other means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the website;
Use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site;
Use any meta tags or any other "hidden text" utilizing Wellvation's name service or trademarks or trade dress without the express written consent of Wellvation;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Harvest or otherwise collect information about others, including e-mail addresses;
Violate any applicable laws or regulations.
Any unauthorized use automatically terminates any permission or license granted by Wellvation and Wellvation reserves the right to pursue all of its legal remedies for such infringement.
Trademarks: Wellvation logos, graphics including print style and colors used, names and acronyms are trademarks, service marks or trade dress of Wellvation and may not be used without the prior express written consent of Wellvation. All permitted users must include tag lines identifying the marks as belonging to Wellvation and being used with permission. Other trademarks or service marks that may appear on this site are the property of their respective owners and may not be used without prior permission of such owners.
Links to Wellvation: You may not create a hyperlink to the Wellvation site without Wellvation's express written consent signed by the Executive Director of Wellvation.
Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. Wellvation will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact Wellvation. Wellvation will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else.
DISCLAIMER: THIS SITE IS PROVIDED BY WELLVATION ON AN "AS IS" AND "AS AVAILABLE" BASIS. WELLVATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WELLVATION RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION. WELLVATION DOES NOT WARRANT THAT THE WEB SITE WILL MEET CUSTOMER?S REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE.
WELLVATION DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ITS CUSTOMERS OVER THE INTERNET, TELEPHONE SYSTEM OR OTHER FORM OF COMMUNICATION SYSTEM. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF EQUIPMENT OR WEBSITEPROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH THE WEB SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WELLVATION WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WELLVATION CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WELLVATION DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WELLVATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WELLVATION DOES NOT WARRANT THAT THIS SITE, ITS SOFRWARE PROVIDED ON THIS SITE, IT'S SERVERS OR E-MAIL SENT FROM WELLVATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WELLVATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Health Information: This site may contain information on health-related topics. This information is not meant to be a substitute for the advice provided by your own doctor. You should not use this information for diagnosing a health problem or disease but should always consult your own doctor.
Disputes: Any dispute relating in any way to your visit to Wellvation shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Wellvation's intellectual property rights, Wellvation may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
How to Contact Us: To contact Wellvation send an e-mail to: firstname.lastname@example.org
Last Updated: August 31, 2011.
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