Terms of use
Thank you for visiting the www.wellcube.io website (the “Site”). These Terms of Use (the “Terms of Use”) along with the Site’s Privacy Policy govern your use of the Site and the content, features, information and services made available on and through the Site. Please read these Terms of Use carefully before using the Site or any services offered on the Site. The Terms of Use, when agreed to by you, will form a binding agreement between you and Delos Living LLC (“we,” “us,” or “our”), operator of the Site. The terms “you” and “your” and other similar pronouns mean any person or entity who accesses or uses the Site.
Acceptance of Terms of Use. Your use of the Site indicates your acceptance of these Terms of Use. If you do not accept these Terms of Use, do not use the Site. From time to time these Terms of Use may be revised by updating this document and posting it on the Site. Please review these Terms of Use from time to time. Your continued use of the Site will constitute your agreement to the most current version of these Terms of Use. If at any time you do not agree to these Terms of Use, do not use this Site.
Contact. Questions concerning the use of the Site should be directed to info@delos.com or or via any of the methods contained on www.wellcube.io/contact.
Intellectual Property Rights.
a. All text, images, sounds, videos, graphics, design, courses, programming, code, software, and other content appearing in or on this Site (collectively, “Content”) is the sole property of us or their respective owners and is protected by copyright law, trademark law and international treaties. You are authorized you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Site, as well as any graphics.
b. The “look” and “feel” of the Site (including color combinations, layout, design and all other graphical elements) are also protected by copyright and trademark law. All product names, names of services, trademarks and service marks including by way of example and not limitation WellCube™ and Delos™ and others, and their related logos (collectively, the “Marks”) are the property of us or the property of their respective owners. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms of Use. Nothing contained in these Terms of Use is intended to confer upon or assign to you any right, claim, title or interest in or to any of our intellectual property or proprietary rights.
Acceptable Use of the Site. Website visitors are provided with access to Content on the Site for informational, educational and other purposes. The Site may be used within the context of the products, services and information contained on the Site. The information displayed on the Site may not be used for any purpose except in connection with your personal, direct use of the Site as permitted by these Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Site. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. By way of example and not as a limitation, you shall not and shall not permit any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site, that:
• infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or violates any law or contractual duty;• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious or obscene;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• involves commercial activities (whether or not for profit) and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, worms, or other malware or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or any third party;
• impersonates any person or entity, including any of our employees or representatives;
• includes anyone’s identification documents or sensitive financial information;
• violates the security of any computer network, or cracks any passwords or security encryption codes; or
• violates the Privacy Policy or any of our other policies.
You shall not (directly or indirectly):
• interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the website by others;• alter or modify the Content or removes from any copyright notices or other legends; “crawls” or “spiders” any page or portion of the Site (through use manual or automated means);
• harvest or scrape any Content from the Site; or
• interfere with service to any users of the Site, host or network, including, without limitation, via means of submitting malware to the Site.
Monitoring of Information. We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. You are responsible for verifying the accuracy of information posted through your independent investigation. While under no obligation to do so, we may in our discretion review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever. We reserve the right to suspend your use of this Site for any reason at any time, in its sole discretion.
Rights to Information and User Submissions. We may use information and content submitted by you or collected by or through your use of the Site (“User Submissions”) in our business, as further described in the Privacy Policy. You hereby grant to us a non-exclusive, irrevocable, perpetual, worldwide, fully-paid, royalty-free, sublicensable and transferable right and license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit your User Submissions in connection with the provision of the Site and otherwise in our (and our successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site, a non-exclusive license to access your User Submissions through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display and publicly perform such User Submissions in connection with their use of the Site. For clarity, the foregoing license grant to us does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses in your User Submission(s), unless otherwise agreed in writing with us. You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Passwords and Log-in information. To help protect the security of the Site and your information, you should follow security best practices such as protecting your user name and password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your account and registration, whether or not authorized by you. Do not share your password or user name with any other person. In the event you become aware of misuse or unauthorized use of your user name or password, it is your obligation to notify us. We shall have no responsibility for lost or misused usernames or passwords or for unauthorized access to them.
Termination of Access to Site. Users of any Site who violate these Terms of Use may be denied access to the Site at our sole discretion.
Disclaimer of Warranties, Indemnification and Limitations of Liability. Your agreement to the following disclaimers and limitations are a material inducement to us to permit you to access the Site. Your use of the Site, and our obligations and liabilities in respect of your use of the Site, is expressly limited as follows:
a. Conduct of Users. We assume no responsibility for the activities or conduct of Site users.
b. Third Party Information or Site. The Site displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by us on behalf of or any third party. In addition, we do not endorse, warrant or otherwise guarantee the substance of any information posted by users or third parties on the Site. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Site accessed from the Site. We encourage you to review the applicable terms of use and privacy policy of such third party Site.
c. Accuracy of Information. We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Site users, or of any other form of communication engaged in or information exchanged by Site users. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by users or on any other form of communication with users will be at your own risk.
d. DISCLAIMER OF WARRANTIES. THE SITE AND ALL CONTENT MADE AVAILABLE ON OR PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, LOSS OF DATA, FITNESS FOR PARTICULAR PURPOSE, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHILE THE SITE AND ALL CONTENT MADE AVAILABLE ON OR PROVIDED THROUGH THE SITE ARE INTENDED TO EDUCATE AND ASSIST WEBSITE VISITORS AND INDIVIDUAL CONSUMERS ALIKE IN THEIR EFFORTS TO CREATE WELLNESS LIVING SPACES, AN INDIVIDUAL’S HEALTH AND WELL-BEING ARE DETERMINED BY A NUMBER OF FACTORS PARTICULAR TO THAT INDIVIDUAL, OTHER THAN THAT INDIVIDUAL’S CURRENT ENVIRONMENT. THESE FACTORS INCLUDE BUT ARE NOT LIMITED TO, PERSONAL CURRENT AND PAST CONDUCT, GENETICS, FAMILY HISTORY, AND PSYCHOLOGICAL FACTORS. WE ARE NOT A LICENSED HEALTHCARE PROVIDER, AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY PRODUCTS SOLD OR RECOMMENDED ON OR THROUGH THE SITE WILL CURE ANY ILLNESSES OR DISEASES, IMPROVE THE OVERALL HEALTH OR WELL-BEING OF ANY SPECIFIC INDIVIDUAL(S), OR CAUSE A SPACE TO BE FREE FROM BACTERIA, VIRUSES, ALLERGENS, VOLATILE ORGANIC COMPOUNDS, OR OTHER PATHOGENS. NO CONTENT MADE AVAILABLE ON OR PROVIDED THROUGH THE SITE SHALL CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT, AND NO CONTENT MADE AVAILABLE ON OR PROVIDED THROUGH THE SITE SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
e. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON DUE TO YOUR USE OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND(INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE), WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless us and our affiliates and their respective employees, officers, directors, agents, and investors (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities, claims, causes of actions, damages, losses, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms of Use; or (c) your violation of any law or the rights of any third party. We reserve the right, at your expense, to assume the exclusive control of the defense and settlement of any claim for which you are required to indemnify any of the Indemnified Parties hereunder and you agree to fully cooperate with our defense and settlement of such claim. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.
General. These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state and federal courts located within the State of New York. These Terms of Use constitute the entire agreement between you and us regarding the use of the Site. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. You and us that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use, and that all modifications to these Terms of Use must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind us in any respect whatsoever. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Our failure to enforce any term or condition of these Terms of Use shall not be deemed a waiver thereof and shall not prevent its later enforcement. These Terms of Use, and any associated rights or obligations, may not be assigned or otherwise transferred by you without our prior written consent. You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign or delegate these Terms of Use and our rights and obligations without consent. These Terms of Use are binding upon any permitted assignee.