WellEz Information Management, LLC, maintain our web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound by the following
these terms, you should not review information or obtain goods or products from
- Acceptance of Agreement. You agree to the terms and conditions outlined in
“Site”). This Agreement constitutes the entire and only agreement between
us and your Company (“Company”) as registered in your initial application
for services, and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as allowed by Section
4, is strictly prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information and materials.
- Trademarks. WellEz, WellEz.com and others are either trademarks or registered
trademarks of WellEz Information Management, LLC. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
- Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited, nonexclusive
license for use solely by Company for Company use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or other use. No part
of any content, form or document may be reproduced in any form or incorporated into
any information retrieval system, electronic or mechanical, other than for Company
use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not transferable.
- Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained within
the electronic file containing the form or document is disclaimed. WE WILL NOT BE
LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU
UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS,
SERVICES OR INFORMATION.
- Use of Information. We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you and all information
- Third-Party Services. We allow access to or advertise third-party merchant
sites (“Merchants”) from which you may purchase certain goods or services.
You understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing, fulfillment,
billing and customer service. We are not a party to the transactions entered into
between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on such sites. We
are not responsible for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make any representations
or commitments on behalf of the other.
a part of this Agreement.
- Payments. Company represent and warrants that if Company is purchasing services
from us (i) any credit information supplied is true and complete, (ii) charges incurred
by Company will be honored by Company, and (iii) Company will pay the charges incurred
at the posted prices, including any applicable taxes within 30 days of invoice.
- Late Payment. Payment is considered past due the day following 'Due date'
shown on your invoice. Late payment charges will be assessed at an APR of 12% and
will be pro-rated for each day payment is overdue.
- Securities Laws. This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and objectives, that
are forward-looking statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many of which are
beyond our control. When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,” “seeks,”
“plans,” “intends” and similar expressions are intended
to identify forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer for sale of any securities.
None of the information contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings or documents.
- Links to other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
- Copyrights. We respect the intellectual property of others, and we ask you
to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide us the following information:
(a) An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located
on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
Notice of claims of copyright infringement on the Site should be sent by email to:
- Refund Policy. If a service purchased by you proves to be defective or not
to your reasonable satisfaction, you can discontinue service at any time and we
will credit charges incurred up to a maximum of 30 days before date of discontinuation.
This Section 18 sets forth your sole and exclusive right to refund and return.
- Information and Press Releases. The Site contains information and press releases
about us. While this information was believed to be accurate as of the date prepared,
we disclaim any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
- Miscellaneous. This Agreement shall be treated as though it were executed
and performed in Harris County, Houston, Texas, and shall be governed by and construed
in accordance with the laws of the State of Texas (without regard to conflict of
law principles). Any cause of action by Company with respect to the Site (and/or
any information, products or services related thereto) must be instituted within
one (1) year after the cause of action arose or be forever waived and barred. All
actions shall be subject to the limitations set forth in Section 8 and Section 10.
The language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against either party. All legal proceedings arising out of or in
connection with this Agreement shall be brought solely in Houston, Texas. Company
expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such
- Term of Agreement. See Appendix I, Term of agreement if applicable.