Your consent & representations
Additional policies and terms
Third-party services and content
The content of our service is not medical advice
Our Service contains information about Welltok, our products and services, and health and wellness. No part of our Service is, however, intended to be, or to be used in place of, medical advice. Please read this important notice carefully:
THIS SERVICE, INCLUDING ALL OF THE WEBSITES, SOFTWARE AND CODE COMPRISING OR USED TO OPERATE THIS SERVICE AND ALL OF THE TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, SOUND RECORDINGS, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS AVAILABLE ON THIS SERVICE (COLLECTIVELY, “CONTENT“), WHETHER PROVIDED BY US OR BY USERS OF OUR SERVICE, OUR COMMUNITY OR MESSAGING FEATURES, OR BY OTHER THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. ANY ADVICE OR INFORMATION YOU RECEIVE FROM A THIRD PARTY THROUGH OUR SERVICE (INCLUDING COMMUNITY POSTINGS, HEALTH COACHES, AND COMMUNICATIONS THROUGH ONLINE CHAT OR OTHER COMMUNICATION) HAS NOT BEEN VERIFIED BY WELLTOK AND SHOULD NOT BE RELIED UPON WITHOUT VERIFICATION FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR LOCAL EMERGENCY SERVICES. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SERVICE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. ADDITIONALLY, THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.
Modifications and interruption to the service
We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that operation of our Service will be error free.
Your information and legal compliance
You may be asked to submit personal information to this Service. For example, if you use this Service to request information about our company, you will be asked to provide your name and mailing address. If you submit personal information to Welltok through this Service, the information you submit must be true, accurate, current, and complete. You agree that you will only use our Service in accordance with applicable laws.
Ownership and license of this Service and its Content
Ownership of this Service. Our Service, including all of the software and code comprising or used to operate this Service and all Content are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Welltok or of third parties who have licensed their rights to Welltok.
The presence of any Content on this Service does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Service. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Copyrights and trademarks. With the exception of any User Content you may provide through the Service (as described below), as between you and Welltok, Welltok and its licensors own and reserve the copyrights in this Service, including all of its Content. All trade names, trademarks and service marks displayed on this Service are the registered or unregistered trademarks of Welltok, its licensors, or other third parties (collectively, the “Trademarks“) and are protected by U.S. and international trademark laws and treaties.
Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Service (collectively, “Feedback“). By submitting Feedback, however, please note that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not make a claim that Feedback constitutes your confidential information, that any limits apply to Welltok’s right to use the Feedback, or that you are entitled to compensation or recognition for Welltok’s use of Feedback.
Interactive features, communities and forums
Any information or content uploaded, posted, submitted, or otherwise made available by individual users of the Service, including without limitation health information, wellness advice, comments, message board posts, and any other content which does not originate with Welltok (“User Content“), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will Welltok be liable in any way for any User Content made available through the Service by you or any third party.
Since Welltok does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Service, you may encounter content that you may consider to be objectionable. Welltok has no responsibility for any User Content, including without limitation any errors or omissions therein. The Welltok Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Service.
Welltok does not claim ownership of User Content you submit or make available for inclusion on the Services. Welltok has categorized User Content as follows, with the associated rights described below:
Welltok reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service. You agree that the exercise by Welltok of such discretion shall not convert or transform User Content to content owned or provided by Welltok, and the user who made such User Content available on the Service will retain ownership thereof as described below.
Notification of claimed copyright infringement
In the event that you find Content posted on our Service which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact Welltok’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
Please send your notice of alleged infringement to us:
By Mail addressed to:
1515 Arapahoe Street, Tower 3, Suite 700
Denver, CO 80202
Attn: Copyright Agent/ Danielle Dupre
E-mail: DMCA@welltok.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of Welltok to terminate use of our Service by repeat infringers in appropriate circumstances.
You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service), and you agree not to use the Service to:
Mobile devices & third-party restrictions
If you access our Service on mobile devices, you are responsible for any cellular data charges by your mobile carrier. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others). Our Mobile App must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other “store.” The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
Welltok, not Apple, is responsible for:
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WELLTOK, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “WELLTOK PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WELLTOK PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE WELLTOK PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY WELLTOK PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE WELLTOK PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Choice of law, jurisdiction and venue
Statute of limitations
Notice for California users
Under California Civil Code Section 1789.3, California users of our Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.